ABSTRACT

The relationship between the various elements of British employment law and the cases of those employees who are HIV positive or have developed AIDS has been explored in the previous chapter. It was suggested that the law’s coverage is significantly incomplete, with the result that it does not necessarily provide the basis for the positive encouragement of constructive organizational responses, and provides a highly uncertain degree of protection to affected employees. In concluding this investigation of the legislative responses to HIV/AIDS, this chapter considers the legal approaches to the issue taken in Europe and the United States of America. The latter is especially significant because of the treatment of people with HIV/AIDS within the Americans With Disabilities Act (ADA), although measures originating in the European Union may also have implications for cases where detriment results from an employer or other employees assuming a causal link between HIV infection and homosexuality.