“Life is hard enough for AIDS victims … they should not be deprived of a means of earning a living.”

Lorraine Schmall, an NIU law professor specializing in health care law and workplace discrimination, feels AIDS victims have an uphill battle in the workplace.

Unfortunately, Schmall said, employer discrimination against AIDS victims continues to exist despite the Americans with Disabilities Act, passed in 1990.

The federal act prevents employers from firing employees because they carry the AIDS virus. Instead, accommodations have to be made to allow employees to work efficiently.

The only exception is employees who become too sick to work.

Employees with AIDS also receive discrimination protection from statutes that protect the handicapped, Schmall said. Although the Supreme Court hasn’t decided if AIDS is a handicap, the U.S. Circuit Court of Appeals has, she added.

People with other handicaps have learned a lot from AIDS lobbyists, Schmall said.

Illinois private employers and those who hold jobs where AIDS could possibly be transmitted, such as in medicine, have the right to screen for AIDS.

At least two tests should be performed, Schmall said. This is because of the false results in half of the cheaper tests first taken, she added. These errors can result in lawsuits involving slander and emotional distress, she said.

Also, Schmall said, denying health coverage could lead to additional legal liability for employers under both anti-discrimination statutes and common law.

Schmall believes employers and co-workers of those with AIDS need to be aware of the ways in which they can contribute to discrimination in the workplace.

“Co-workers cannot coerce an employer into disparate treatment of an AIDS-infected employee. Employers can’t fire AIDS employees because people are afraid of them.”