Employer Defense Strategies in Discrimination Cases Involving Workers with HIV: Judicial Interpretations and Future Expectations

Jeffrey A. Mello

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DOI: 10.2190/XQ3J-N6JF-YKJL-JAW3

Abstract

Throughout the course of civilization, illnesses, particularly those caused by disease, have been met with prejudice and discrimination. In the present day, individuals who have been infected with the human immunodeficiency virus (HIV) have been the targets of discrimination in numerous aspects of their lives, particularly in employment. Employers have utilized a variety of defense strategies with varying success to defend charges of unlawful discrimination against workers with HIV. This article analyzes the application of the most common defense strategies and offers insights as to how the Americans with Disabilities Act will likely impact defense claims for HIV-related employment discrimination.

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