AIDS And ''Qualified Individual''

The issue of whether a person with AIDS or HIV infection is a qualified individual with a disability may arise in two distinct situations. The first occurs where the physical symptoms of AIDS or the opportunistic infections associated with AIDS raise questions as to whether the person can perform the essential functions of the job with ''reasonable accommodation.'' In this situation, AIDS should be treated in the same manner as any other recognized disability, and the focus should be on the accommodations that may be provided. The second situation, and the more likely basis for litigation under the ADA, occurs where the employment of a person with AIDS may pose a ''direct threat to the health or safety of other individuals in the workplace.'' In determining whether a job applicant or employee with AIDS or HIV infection poses a direct threat, an employer should use the same regulatory analyses as applies generally to other types of disabilities.