The Rehabilitation Act of 1973 and the Americans with Disabilities Act (1990): Legislative Relevance to Persons with HIV/AIDS

Obrien and Schiro-Geist in their article entitled “Primary, Secondary, and Tertiary direct threat”, explain that because of the complexity of the issues confronting a PWA who is in the prime of her or his work life, one may attempt to ignore the diagnosis and fail to relate their HIV/AIDS status to an employer and co-workers/colleagues alike (Fear of unemployment, loss of medical benefits, harassment, and the ever - present danger of being falsely perceived by both an employer and fellow co-workers as not having the ability to complete job tasks are just a few elements which influence the typical PWA to remain silent about their illness. Unfortunately, a lack of awareness of the basic elements of protective legislation is what keeps employees with disabilities and serious, life threatening illnesses ignorant of their rights and options. The results of the National Organization on Disability's 1994 Survey of American's with Disabilities found that only 40% of Americans were aware of such disability legislation as the Americans with Disabilities Act (1990) and the Rehabilitation Act of 1973. Above all else, it is vital for a PWA in the workforce to recognize that she or he is protected by the Rehabilitation Act of 1973 if employment is on the federal level or if his or her employer has a contract with the federal government that exceeds $2,500. Under this legislation, an employer is prohibited from discriminating against handicapped persons who are otherwise qualified, solely on the basis of their handicap. This information, provided by Hale in the article “Employer Response to AIDS in a Low-Prevalence Area”, may be enough to assure the informed worker who is diagnosed with the virus, that she or he cannot be dismissed from a job for disclosing their health status to an employer.