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Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom

Scott M Engstrom

Although HIV has qualified as a disability under the Americans with Disabilities Act (“ADA”) ever since the Supreme Court’s 1998 decision in Bragdon v. Abbott, the ADA’s “direct threat” defense has been broadly used and interpreted expansively. Although many sub-categories of individuals with HIV have meritorious legal issues that demand analysis, the complexities of the medical profession coupled with HIV’s stigma have rendered confidentiality and disclosure issues ripe in that field. For the purpose of this note I have grouped together all individuals who provide medical services into a class which I call “Medical Care Workers” or “MCWs.” More specifically, …