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Health experts estimate that one million people in the United States are HIV positive, but new medical treatments allow many to work for years after contracting the AIDS virus. Drawing on the most comprehensive and up-to-date information now available on the complex legal and ethical issues related to AIDS, attorney William F. Banta explains employers', employees', and applicants' rights and responsibilities as defined by the new Americans with Disabilities Act, OSHA, COBRA, the National Labor Relations Act, state and local laws, arbitration awards, and the Centers for Disease Control. He clarifies the complex issues of hiring, firing, insuring, and testing applicants and employees with the AIDS virus. More than any other group of employees, physicians, nurses, dentists, and other health care workers have generated concern about transmitting or acquiring HIV on the job. While the risk of actual infection is very low for medical practitioners, and even more remote for patients, health care employers should develop policies and procedures to guide them through complex and sensitive situations and limit their liability in the event of a legal challenge. They must balance the infected employee's right to work against the obligation to protect the patient. They must weigh the obligation to treat infected patients against the right of employees to safe working conditions. They must consider the right of an employee or patient to know the HIV condition of the other, as well as the infected person's right to confidentiality. William Banta cuts through the medical, legal, and ethical morass to analyze these matters with clarity. The extensive appendix of laws and regulations, governmentrecommendations, checklists, and sample policies will assist readers in developing or evaluating their own workplace procedures. Workers who are HIV positive, managers, union officials, attorneys, and physicians, will find valuable advice on one of the most urgent problems of the 1990s.
It provides practical guidance to policy-makers, employers' and workers' organizations and other social partners for formulating and implementing workplace policy, prevention and care programs. This is an important ILO contribution to the global effort to fight HIV/AIDS.
Presents the text of the proposed autonomous Recommendation on HIV/AIDS and the world of work. It is based on the Conclusions adopted by the International Labour Conference following its first discussion at its 98th Session in June 2009.
This is an invaluable resource for lawyers, policy makers, and other practitioners with an interest in countries' responses to HIV/AIDS. Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform covers 65 wide-ranging topics in a concise, accessible format, explaining how laws and regulations can either underpin or undermine public health programs and responsible personal behavior. For each topic, the Guide summarizes the key legal or policy issues, provides relevant "practice examples" (citing actual laws and regulations), and offers a selective list of references that may be consulted for more information. Laws relating to many areas of our lives - from intimate physical conduct to international travel - can contribute to stigma, discrimination, and exclusion or, contrariwise, can help remedy these inequities. In order to create a supportive legal framework for responding to HIV/AIDS, it is important that governments effectively address gaps and other problematic aspects in their legislation and regulatory systems. This book, written by a team of leading legal experts, helps them do so.
Discusses legal aspects of HIV/AIDS epidemics, infected workers' discrimination (incl. termination of employment) and related national policy.
Lists the legal issues and highlights successful responses that would assist member States to develop a policy framework for fighting HIV/AIDS.