Handicaps Which Threaten Others and the Prohibition of Discrimination Under the Rehabilitation Act

19 Pages Posted: 20 Sep 2012

See all articles by Stephen L. Mikochik

Stephen L. Mikochik

Ave Maria School of Law; Temple University James E. Beasley School of Law

Date Written: July 23, 1989

Abstract

This paper explores whether persons whose handicaps constitute a potential threat to others are in any measure protected by federal law from discrimination in employment. After reviewing the evolution of section 504 of the Rehabilitation Act of 1973, the principal federal safeguard for handicapped workers, the author examines whether alcoholics, drug addicts, and carriers of contagious diseases, like Acquired Immune Deficiency Syndrome (hereinafter AIDS), are included within the statute's coverage. He reviews the Supreme Court's 1987 decision in School Board of Nassau County v. Arline which required federally funded employers to explore ways of safely accommodating workers handicapped with infectious diseases before discharging them. He closes by examining the Civil Rights Restoration Act of 19871 in which Congress effectively codified Arline.

Keywords: disabilities, handicaps, employment discrimination, Rehabilitation Act

Suggested Citation

Mikochik, Stephen L. and Mikochik, Stephen L., Handicaps Which Threaten Others and the Prohibition of Discrimination Under the Rehabilitation Act (July 23, 1989). Hofstra Labor and Emploment Law Journal, Vol. 6, No. 1, 1989, Available at SSRN: https://ssrn.com/abstract=2115947

Stephen L. Mikochik (Contact Author)

Temple University James E. Beasley School of Law ( email )

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Ave Maria School of Law ( email )

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