Golden Gate University Law Review


Penn Lerblance


This article proposes to explore this compelling question. Disability discrimination, a relatively new area of civil rights protection, is a concern not only to people with disabilities, who are estimated at about 35 million in the United States, but to a majority of employers, businesses providing services and goods to the public, and governmental entities. This article will focus on Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) disease as a concrete example of disability discrimination. This survey of legal remedies will proceed by considering hypothetical and actual cases to appreciate how the remedies operate in practical situations. In reviewing possible remedies for disability discrimination, we will consider the cases of Bob, Carol, Ted, and Alice. Bob's story presents issues of mandatory HIV testing and disclosure of a person's HIV status. Carol's story presents the troublesome issue of employment discrimination. Ted's story presents the issue of discrimination by providers of goods and services to the public. Finally, Alice's story explores disability-based discrimination in housing.