Do Workers Compensation Laws Protect AIDS Victims?
It is unlikely that an employee, whether healthy or ill, who works with an AIDS victim will contract the disease from that person. However, there could be liability for employees who treat AIDS patients or who deal with blood from AIDS patients. Recent decisions have awarded compensation to employees who “perceive” they are at risk because they work with an AIDS-infected employee. They were able to show that fear caused them stress-related physical problems. Employers also should be aware that taking any adverse actions against employees who file workers’ compensation claims may result in wrongful termination claims in Illinois, which can involve substantial damages. If Customers Learn That an Employee Has AIDS, What Can an Employer Do? Customer complaints are not a sufficient defense in an AIDS employment discrimination action. Nonetheless, employers must be sensitive to these complaints or possibly risk losing substantial business. There is an increasing public concern that the AIDS