Leaders in education must be prepared to avoid discrimination against the increasing number of employed individuals with HIV/AIDS. The purpose of this article is to provide a relevant literature review of protections for disabled employees. Statutory and case law is explored, including the Americans with Disabilities Act of 1990. A case study in higher education is presented as an application of the review.
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3.
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5.
Centers for Disease Control.1991. “Morbidity and Mortality Weekly Report,”U.S. Department of Health and Human Services, December.
Chalk v. United States District Court, Central District of California, 832 F 2nd 1158 (9th Circuit, 1987).
8.
Chalk v. United States District Court, Central District of California, 840 F 2nd 701 (9th Circuit, 1988).
9.
CohenC. F., and CohenM. E.1989. ‘AIDS in the Workplace: Legal Requirements and Organizational Responses,”Labor Law Journal (July): 411–418.
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CobbS. A.1989/1990. “Facing Up to AIDS Issues in the Workplace. The Practical Labor Lawyer,”Employee Relations Law Journal, 15(3): 457–467.
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CreasmanR. L.Jr., and ButlerP. G.1991. “Will the Americans with Disabilities Act Disable Employers?”Labor Law Journal (January): 52–56.
12.
FeldblumC. R.1991. “The Americans with Disabilities Act Definition of Disability,”The Labor Lawyer, 11: 11–21.
13.
GayleJ. A.1989. The Effect of Terminology on the Public Consciousness Related to the HIV Epidemic.The Guilford Press.
14.
HenryK. D.1989. “Civil Rights and the Disabled: A Comparison of The Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990 in the Employment Setting,”Albany Law Review, 54(1): 123–140.
15.
KaplinW. A.1990. The Law of Higher Education, 2nd Edition.San Francisco: Jossey-Bass.
16.
KohlJ. P., MillerA. N., and PohlN. F.1991. “Development of Personnel Policies to Deal with the AIDS Crisis: A Study of the Practices and Procedures of Business Firms Today,”Labor Law Journal (February): 116–120.
17.
KoopC. E.1986. Surgeon General's Report on Acquired Immune Deficiency Syndrome, Washington, DC: U.S. Department of Health and Human Services.
18.
MayersonA.1991. “The Americans with Disabilities Act-An Historic Overview,”The Labor Lawyer, 7(11): 1–9.
19.
National Institute of Mental Health.1986. Coping with AIDS: Psychological and Social Considerations in Helping People with HILB-III Infection.DHHS Publication No. (ADM) 85–1432). Washington, DC: U.S. Government Printing Office.
20.
O'BrienW. M., and PosnerS.1991. Educational Perspectives of Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome. Unpublished manuscript. Available from Auburn University at Montgomery School of Nursing.
21.
Rehabilitation Act of1973. PL. 93–112; 87 Stat. 355 (1973).
22.
School Board of Nassau County, Fla. v. Arline, 107 S. Ct. 1123 (1987).
23.
ShallerE. H.1991. “ ‘Reasonable Accommodation’ under the Americans with Disabilities Act-What Does It Mean?”Employee Relations Law Journal, 16(4): 431–451.
24.
TurnerR.1989. “Arline, Chalk, the Civil Rights Restoration Act and the AIDS Handicap,”Labor Law Journal (January): 3–11.
25.
U.S. Senate. Report 101–116, 101st Congress, 1st Session. The Americans with Disabilities Act of 1989.
26.
WeirichC. G.1991. “Reasonable Accommodation under the Americans with Disabilities Act,”The Labor Lawyer, 11: 27–36.
27.
WittyM. A.1989. “AIDS, Labor Law, and Good Management,”Labor Law Journal (March): 183–187.
28.
WyldD. C., and CappelS. D.1991. “AIDS-Related Dementia and the Treatment of AIDS-Affected Individuals under Changing Employment Law,”Labor Law Journal (April): 204–213.
