Important note: Information in this article was accurate in 1998. The state of the art may have changed since the publication date.
PR Newswire; Thursday June 25, 2:30 pm Eastern Time
"Every employer should pay attention to today's ruling," Mr. Petesch said.
"Not only does it demonstrate the need to take HIV and AIDS seriously as a workplace issue, it goes way beyond HIV and AIDS."
In today's ruling, the Supreme Court ruled 5-4 that HIV-infected people are protected by the 1990 American Disabilities Act even if they suffer no symptoms of AIDS. In the case of Bragdon v. Abbott, 97-156, the court ordered a lower court to reconsider whether a Maine dentist violated the ADA when he refused to fill an infected woman's tooth in his office. The woman sued, contending that the contagious and fatal nature of AIDS limited her ability to have sexual relations and bear children. Mr. Petesch said the ruling goes far beyond HIV/AIDS.
"This ruling points to a potentially broader definition of disability in the workplace," Mr. Petesch said. "It stands to affect people with cancer, people experiencing side effects from medication, people with certain mental illnesses and anyone who employs them. Employers need to understand the sometimes complicated process of complying with the ADA."
The court ruled: 1) that reproduction is a major life activity under the ADA; 2) that people who are "asymptomatic" -- or HIV-infected but showing no AIDS symptoms -- are covered under the ADA, and 3) that courts "should assess the objective reasonableness of the views of health care professionals rather than defer to individual judgments."
Mr. Petesch counsels businesses in labor and employment matters, particularly on ADA issues. He has been the legal speaker on HIV-AIDS in the workplace at business events nationwide, and received the 1997 National Business and Labor Award for Leadership on HIV/AIDS from the U.S. Centers for Disease Control and Prevention, and serves on the business partners board for the CDC's Business Responds to AIDS program. Ford & Harrison is among the country's largest law firms representing employers, with offices in Atlanta, Los Angeles, Memphis, Miami, Tampa and Washington, D.C.
SOURCE: Ford & Harrison, LLP
980625
PR980607
Copyright © 1998 - PRNewswire. All rights reserved. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through PRNewswire, Permissions, 810 Seventh Ave., 32nd Floor, New York, NY 10019 http://www.prnewswire.com.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, National Library of Medicine, and donations from users like you.
Always watch for outdated information. This article first appeared in 1998. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 1998. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .