No, I do not agree with the ruling of this case. For one reason that “Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency, including the U.S. Department of Health and Human Services (DHHS). These organizations and employers include many hospitals, nursing homes, mental health centers and human service programs. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.” In 2008 the ADA Amendments Act Sec. 4 which states that diseases such as AIDS, tuberculosis, or hepatitis B, will be protected under the 504 Rehabilitation Act.
If it is shown that Arline could perform some other function in the school system besides teaching, and contact with others was not as prevalent as in the classroom, would you allow her to stay on? Discuss. I would consider the situation but not take it to the extreme that the school board did. First, I would make sure my employee is ok, then I would request that they take some time, so that they can get it under control. But always you want to put things in writing not to humiliate them but only to protect yourself from future lawsuits. They allow people with AIDS & HIV to work, so why denied someone with tuberculosis to work, they should afford the same opportunity. Do you think there is adequate protection of both the employee and the public in this case? What should the courts do to diminish discrimination against the disabled built upon myth and misconceptions? I do not think there is adequate protection for the public and the employees in this case. The court should arrange pass judgments that will be able to highlight the issue and taking drastic step by employers will be discouraged.
Get the Facts About Tuberculosis Disease [Pamphlet]. (2008). Rutgers, New Jersey: Centers for Disease Control and Prevention.
Woods, R. (n.d.). Overview of Section 504 of the Rehabilitation Act of 1973 [Letter to Employees of Georgia School System]. Georgia Department of Education, Atlanta, Georgia.
Section 504, Rehabilitation Act of 1973. (2008). Retrieved September 26, 2022, from
