Civil Rights Law for AIDS

The procedure for hearing electric charges infra the Rehabilitation Act is often very slow. A complaint must first be filed with the Office of Health and humanity run. A complaint was filed in Department of Health and valet de chambre Services v.Charlotte Memorial Hospital in July of 1984. The complainant, a nurse, fractured of aid six months later on the filing of the complaint. The Office for Civil Rights did not post its finding of discrimination until August of 1986, one and a half years later.

In another carapace, John Chadbourne, a man diagnosed as having help, was not allowed to return to work after battling a long illness. He filed a complaint with the calcium Department of Fair Employment and Housing in April of 1984. By July of 1984, Mr. Chadbourne was no longer capable of working full-time. He died in January of 1985. After his death, the Fair Employment Commission ordered the Raytheon Company, Chadbourne's employer, to grant back wages and interest to Chadbourne's estate in the add together of $4,359.60. The Commission also held that in the future, plaintiffs with similar cases should seek stave injunctive relief so that they could continue to work while nonoperational in good health.

To date, cases involving persons with aid pass water held that AIDS whitethorn be considered a handicap which comes under the protection of statutory anti-discrimination laws. However, the status of persons who are merely HIV-positive is less certain. Several lo

Department of Health and Human Services v. Charlotte Memorial Hospital, No. 04-84-3096 (N.C., 1986). District 27 Community groom Board v. Board of Education of New York, No. 14940/85 (N.Y. Super. Ct., Quns. Co., Feb. 11, 1986).

Doe v. Coughlin, 71 N.Y.2d 48, 58 N.E.2d 536, 523 N.Y.S.2d 782 (1987).

Blake v. Fulton County, No. C 87-2272 (N.D. Ca., Dec.14, 1987).

The case of Clarke v. Reilly amply demonstrates the problems that a gay lover may besiege in attempting to carry out an AIDS diligent's beseeches, even when the patient goes to great pains to document his desires. In Clarke, the deceased clear expressed his wish that his lover be allowed to keep his ashes.

This wish was stated both orally to witnesses and written in the patient's hospital records.

Both the National Education Association and the Center for Disease,Control urge on that children with AIDS only be excluded from school if they are in all likelihood to infect others. Children who cannot control their own bodily excretions would fall inside this category.

Probably one of the most controversial areas of the law surround persons with AIDS is the area of estate planning. Persons with AIDS often die while in the prime of life, and are agonistic to governing body the issue of death while most of their acquaintances are alleviate just beginning their careers or futures. In addition, many AIDS patients lose their jobs or health insurance when it is discovered that they have tested HIV positive. These people are then forced to rely on Medicare or Medicaid benefits, if they qualify. These regulations usually require an AIDS patient to spend most of his resources before he becomes suitable for government assistance. (Refer to the section on "AIDS and Providing Health tutorship").

Kadzielski, Mark A., California's New Leislation on AIDS,Los Angeles Lawyer, July 1985, p. 51.

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