AIDS and the law
Article Abstract:
The number of reported AIDS cases in the U.S. (15,000 since 1981) is expected to double by 1987. As a result, it is increasingly likely that employers will be confronted with AIDS patients in the workplace. Currently, AIDS patients are not protected by law from employment discrimination, but many believe such a law will soon be enacted. Because the U.S. Public Health Service has stated that AIDS cannot be communicated through casual contact in the workplace, it is unlikely that employers will have legal rights to fire employees with AIDS or to refuse to hire applicants with AIDS. However, a Memorandum Opinion issued by the Justice Department states that employers may be allowed to fire AIDS patients, if the employer holds the erroneous belief that such employment places other employees at risk. This memorandum opinion does not have the force of law, and the memorandum is shown to be legally unsound.
Publication Name: Management Solutions
Subject: Human resources and labor relations
ISSN: 0889-0226
Year: 1986
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Immigration law fails to clarify contracting responsibilities
Article Abstract:
Under provisions of the Immigration Reform and Control Act of 1986 (IRCA), employers who contract for outside services and products must not knowingly engage the labor of illegal aliens. Employers whose contracting entails no control over subcontractors' employees may need regulatory clarification of IRCA, since its language in this regard is subject to wide interpretation. Contracts for product parts are not contracts for labor. When a company arranges for services through independent contractors, the selection and supervision of workers typically falls to the contractor. If the company which engages the contractor supplies equipment or supervises the employees engaged, then both the contractor and the employer are liable for violations under IRCA.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1987
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How to comply with the Immigration Reform Act
Article Abstract:
The Immigration Reform and Control Act requires employers to verify that all employees have a legal right to work in the US. Penalties are established for non-compliance. The Act also contains anti-discrimination provisions. New employees must present proof of identity and work authorization. Documents that establish identity include: a US passport, a certificate of citizenship, a certificate of naturalization, alien registration card, or resident alien card. Applicants must also fill out Parts One and Two of Form I-9.
Publication Name: Management Solutions
Subject: Human resources and labor relations
ISSN: 0889-0226
Year: 1987
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