Quote:
Originally Posted by AlphaGamUGAAlum
So you don't know about it legally either?
I agree with you that being required to carry notes would be stupid. But carrying information to provide to people might also be easier because so far we haven't managed to get rid of all the stupid people.
I agree with you about the pool owner and universal precautions. It's a little scary to think about how he cleans up usually.
They are trying it in the court of public opinion and I think they'll win with people who aren't using that pool.
But I still don't think what that guy did amounts to a ban.
And I still think the parents will likely face more unnecessary uphill struggles if they announce the kid's HIV status to people who don't really need to know it.
Imagine in all the examples that you gave earlier, the person is shouting out, "I have HIV." "Hey, waitress thanks for bring me silverware; I have HIV." "Hey is this seat on the bus taken?; I have HIV." "Can I use your bathroom; I have HIV?" Isn't the person unnecessarily setting himself or herself up for a lot of junk that could be avoided?
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They didn't do that, they were chatting with another staff member about adopting their foster child. A desk clerk. At no time did anyone go yelling "I HAVE HIV."
A comparable situation would be if you're sitting at a restaurant table discussing lets say, your doctor's appointments or medications with your significant other, maybe the waitress comes up while you're doing so, makes conversation with you and then repeats what you said to or in the presence of a manager. Manager says, "I'm sorry, but we can't let you eat here or use the restroom without a doctor's note." Would you be like "yeah, it's kind of my own fault for talking about it. I should feel totally welcome here. They didn't really 'ban' me, they just made it clear I'm inherently unclean," or would you be pissed?
Chalk me up in category b.
HIV Q&A from ADA.gov
Quote:
Q: Are people with HIV or AIDS protected by the ADA?
A: Yes. An individual is considered to have a "disability"
if he or she has a physical or mental impairment that
substantially limits one or more major life activities, has a
record of such an impairment, or is regarded as having such an
impairment. Persons with HIV disease, both symptomatic and
asymptomatic, have physical impairments that substantially limit
one or more major life activities and are, therefore, protected
by the law.
Persons who are discriminated against because they are regarded
as being HIV-positive are also protected. For example, a person
who was fired on the basis of a rumor that he had AIDS, even if
he did not, would be protected by the law.
Moreover, the ADA protects persons who are discriminated against
because they have a known association or relationship with an
individual who is HIV-positive. For example, the ADA would
protect an HIV-negative woman who was denied a job because her
roommate had AIDS.
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IANAL so I can't state it with 100% certainty but I believe this applies here. I don't know Alabama state law either or if they have a seperate disabilities act.
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