|
People with HIV/AIDS need special protection in our society
because of the serious social stigma attached to the disease. Many
people have lost jobs, been evicted from apartments, been denied
life and health insurance, or have experienced other disabling
discriminations because they tested positive for HIV or developed
AIDS.
These are the four laws that, taken together, provide some
protection to people with HIV/AIDS:
• The Civil Rights Act of 1964. The Civil Rights Act protects all
Americans from discrimination on grounds of race, gender, religion,
and ethnic background.
• The Rehabilitation Act of 1973. The Rehabilitation Act extends the
protections of the Civil Rights Act of 1964 to disable citizens.
• Fair Housing Amendments Act of 1988. The Fair Housing Act protects
against discrimination in public and private residential housing
based on race, gender, religion, ethnic background and disabled
status.
• Americans with Disabilities Act of 1990. The Americans with
Disabilities Act extends the Rehabilitation Act to apply to all
public and private businesses with 15 or more employees. It requires
removal of all physical and policy barriers to employment, shopping,
transportation, entertainment, telephone use and access to public
places, including schools and colleges the nation's 43 million
disabled citizens, including people with HIV/AIDS. However, the
employer may reject a job applicant or dismiss an employee if the
employer can prove that the person poses a "direct threat" to the
health and safety of others on the job or if the person cannot
perform the functions of even when the employer makes "reasonable
accommodations".
Laws to protect people with HIV/AIDS against discrimination have not
prevented discrimination in all cases. People with AIE continue to
be treated unfairly, despite the law. In some instances attorneys
have purposely delayed cases so that those who were very sick died
before their lawsuits could be settled.
Testing for HIV
Mandatory testing for HIV has been controversial since HIV was
discovered in 1985.The Americans with Disabilities Act does permit
mandatory testing in civilian employment settings. But the
government is allowed to test for HIV in certain programs. These
include the military, the Peace Corps, the Diplomatic Service, state
National Guard units, and the Job Corps. Any applicant with HIV is
rejected for government service, even if that person is still
healthy. Active-duty military personnel are tested regularly. If
found infected, they are reassigned to limited duty and can be
court-martialed if it is determined that they have not complied with
strict guidelines to prevent transmission. Confidentiality is often
violated.
Some government officials and health care providers want to mandate
HIV testing for all pregnant women. However, the Center for Disease
Control and Prevention, which monitors the AIDS epidemic, suggests
that all pregnant women be offered HIV testing. Many hospitals,
especially in urban areas, routinely test newborn babies, although
test results may not be given to the mothers. Donated body tissues,
such as blood, semen, and eggs, and human organs for transplantation
are routinely tested in every state.
*164/155/5*
Men's Health-Erectile Dysfunction
|
