With a vote of five to four, the United States Supreme Court decided on June 25, 1998, that people infected with HIV—even if they do not display symptoms—can be protected against discrimination under the Americans with Disabilities Act (ADA).
According to an overview of the case provided October 22, 1998, in The New England Journal of Medicine, plaintiff Sidney Abbott, who is HIV-positive, claimed that she had been discriminated against by her dentist, Randon Bragdon, when he refused to fill her cavity in his office, fearing possible infection.
Bragdon's lawyers asserted that the dentist had the right to refuse services because there was a serious potential threat of harm—HIV-infection—if he filled Abbott's cavity. The court ruled, by a five-to-four margin, that Bragdon could not demonstrate this risk and remanded the case to the Circuit Court of Appeals to reconsider the issue of HIV transmission risk to the dentist.
The court also found that reliance upon guidelines presented by public health authorities and professional organizations should not be the only basis on which judges assess risk.
As more people living with HIV and AIDS participate in the workforce, the need to train managers in these issues continues to increase. The American Red Cross Workplace HIV/AIDS Education Program provides managers with information and role play experience to:
The benefits of increased knowledge and more positive intentions to use this HIV/AIDS information also contribute to the broader community. Results showing the effectiveness of manager training using the Workplace HIV/AIDS Education Program are detailed in a report completed by the Red Cross Educational Program Evaluation Unit, "Selling Retail Managers on Prevention Education: Results of Work Site Training Final Report."
This report describes the results of American Red Cross HIV/AIDS education for managers at The Home Depot. Data were collected between May 1997 and June 1999 from 53 education sessions across the United States. A trained American Red Cross workplace HIV/AIDS instructor conducted hour-and-a-half sessions at each site, which included information on:
A representative from The Home Depot also discussed the company's policy on life-threatening illnesses.
Results indicate that this collaboration with the American Red Cross has been a successful investment of The Home Depot time and training money. Highlights include:
For copies of the report, please contact Shari Siuta at 703-206-7738 or e-mail at siutas@usa.redcross.org.
