| AIDS, employment, and the direct threat defense: the burden of proof and the circuit court split. | |
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MedLine Citation:
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PMID: 17985484 Owner: HSR Status: MEDLINE |
Abstract/OtherAbstract:
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This Note examines disability-related discrimination in light of the protections afforded by the Americans with Disabilities Act (ADA) and in the context of an HIV- or AIDS-infected employee. Under the ADA, an employer may legally fire a worker who poses a direct threat to the individuals around him or her. It is unclear, however, whether the burden of proving or disproving the claim that an individual is a direct threat lies with the employer or the employee. This Note analyzes the circuit split over which party bears the burden of proof under the direct threat standard in light of prospective HIV-related litigation. |
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Authors:
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Sarah R Christie |
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Publication Detail:
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Type: Historical Article; Journal Article |
Journal Detail:
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Title: Fordham law review / edited by Fordham law students Volume: 76 ISSN: 0015-704X ISO Abbreviation: Fordham Law Rev Publication Date: 2007 Oct |
Date Detail:
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Created Date: 2007-11-06 Completed Date: 2007-11-13 Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 9891707 Medline TA: Fordham Law Rev Country: United States |
Other Details:
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Languages: eng Pagination: 235-83 Citation Subset: T |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Acquired Immunodeficiency Syndrome*
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history,
prevention & control,
transmission Civil Rights* / legislation & jurisprudence Communicable Disease Control* / legislation & jurisprudence Disabled Persons / legislation & jurisprudence Employment* / legislation & jurisprudence HIV Infections* / history, prevention & control, transmission History, 20th Century Humans Liability, Legal* Occupational Exposure Prejudice Risk Management / legislation & jurisprudence United States Workplace |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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