Disability laws of the united states - Essay Example

To combat this lack of information, it is necessary to illuminate the incidence and prevalence of the disease to help educate the business owners about its impact on their own concerns. By enumerating the effectiveness of policies and programs that are currently in place as well as the laws and regulations requiring such programs, employers may be able to identify gaps and shortfalls in their current procedures. For many business owners, especially small business owners, the idea of adding one more responsibility to an already overflowing plate in terms of caring for employees seems a little daunting.

However, studies conducted over the past 25 years regarding the spread of HIV and AIDS has proven that “where business, government and populations work together, the spread of HIV and AIDS can be slowed and infections reduced” (Roedy quoted in Bloom et al 2006). . their workplace will be affected nor have those in less concerned countries, such as the United States, worked to establish formal policies within their organizations to address the issue. Even the small companies are required to follow some basic rules and guidelines drafted by the state to protect those with HIV and AIDS as well as to help prevent the spread of these illnesses among the greater population.

All businesses are required to comply with state and federal civil rights laws that often apply to those suffering with HIV or the AIDS infections. These include Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. “The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against people with disabilities. Under the law, persons with HIV infection are entitled to the same rights and opportunities as persons with other communicable diseases” (Disabilities Act, 1992) In addition, employers are expected to make reasonable accommodations so that people with disabilities, including those with HIV/AIDS, are able to remain employed and productive for as long as they can possibly perform the essential functions of their jobs.

This could include the assignment or reassignment of job duties, allowing employees to work at home on a temporary basis, allowing both paid and unpaid leaves of absences and accommodating a flexible work schedule. Jane Hodges (2004) indicates the ILO (International Labor Organization) recommendations to member states also include a ban on dismissal based on HIV/AIDS until the individual becomes medically unfit to carry out adapted work, a prohibition of non-consensual pre- and post-employment testing, legislation for the prevention and containment of transmission risks, training