AIDS: legal implications for managers

As the incidence of acquired immunodeficiency syndrome (AIDS) escalates, its consequences increasingly will affect the workplace. Dietitians with management responsibilities will be called upon to make decisions concerning the rights of both employees and clients or patrons. They must be knowledgeable about AIDS-related legislation and its implementation in organizations and businesses. A major legal protection for workers with AIDS is the Vocational Rehabilitation Act, which prohibits discrimination against individuals on the basis of physical or mental disabilities. The Employee Retirement Income Security Act and the Comprehensive Omnibus Budget Reconciliation Act provide legal protections related to employee benefit programs. The National Labor Relations Act provides protection for all employees, including those infected with the AIDS virus. Current medical evidence indicates that AIDS is not transmitted through casual contact. Therefore, the presence of AIDS-infected individuals in the workplace does not violate the provisions of the Occupational Safety and Health Act. More recently, the Americans with Disabilities Act was amended to prohibit employers from removing workers from food-handling positions solely because of infection with AIDS. This review of legislation and litigation indicates that coworker and public fears, as well as management concerns about productivity and costs, are inadequate defenses against discrimination claims. Employees with AIDS are protected legally against adverse employment decisions motivated by their disease.