This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.
Note, Confusion in the Courts: What to Do with HIV-Positive and AIDS-Infected Public Employees, 10 J.L. & Health 153 (1995-1996)