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13 Hastings Int'l & Comp. L. Rev. 609 (1989-1990)
Protections against HIV-Based Employment Discrimination in the United States and Australia

handle is hein.journals/hasint13 and id is 637 raw text is: Protections Against HIV-Based Employment Discrimination in the United States and Australia By GEORGEANA K. Roussos* Member of the Class of 1990 TABLE OF CONTENTS I. Introduction ............................................. 611 II. W hat Is AIDS? .......................................... 616 III. The United States Response .............................. 619 A. National Legislation ................................. 619 1. The Rehabilitation Act ........................... 621 (a) Requirements of the Rehabilitation Act ........ 622 (b) Coverage of Individuals with HIV Related Conditions as Handicapped Individuals Under Section 504 ........................... 622 (c) Ambiguities Within the Act ................... 627 (d) Burden of Proof Regarding Accommodation ... 630 (e) Significance of the Rehabilitation Act ......... 631 2. Other Federal Protections ........................ 633 B. State Protections Against HIV Discrimination ........ 636 C. Proposed Federal Legislation-The Americans with Disabilities Act ...................................... 638 IV. The Australian Response** ............................... 642 A. National Responses .................................. 643 1. The Role of the Law ............................. 645 2. Limitations on Federal Law ...................... 645 3. Possible Bases of Jurisdiction ..................... 647 (a) International Labor Organization Convention * This Note is dedicated to my parents, Angela and John Roussos, and my grand- mother, Anna Boutos, a woman who embodied joy during life and grace in death. I would like to thank Kay Bawden and John Godwin for providing me with invaluable information. I would also like to thank my family for their faith and support. ** Please note that the information on Australia is generally current through mid-1989.

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