Positive Steps on AIDS

Diseases associated with AIDS take a physical and psychological toll on victims that is damaging enough without the victims having to bear the stigma of job discrimination as well. Yet that possibility remains alive after the murky decision of a state hearing officer earlier this summer. A clear law forbidding such discrimination is still needed.

The California Legislature passed such a law this session; it was vetoed by Gov. George Deukmejian, who said that it wasn’t necessary. Then Richard J. Lopez, a state administrative law judge, ruled that AIDS wasn’t considered a physical handicap that triggers anti-discrimination laws. He ruled in a case involving a Raytheon employee who had been put on permanent medical leave, and the ruling leaves employers without a clear standard to follow in making personnel decisions.

The state Senate has before it today a bill, sponsored by Assemblyman Art Agnos (D-San Francisco), saying that people who have AIDS, like those who suffer from other handicaps like polio and cystic fibrosis, may not be arbitrarily dismissed. The bill would not add any risk to other employees, because AIDS cannot be spread through casual contact in the workplace; public health is already protected by state codes that set up special standards for food handlers. In the interests of compassion and clarity, the governor should sign this new bill.

The governor can take another meaningful step to help combat the ravages of AIDS by signing AB 4250, sponsored by Assemblyman John Vasconcellos (D-Santa Clara), which would encourage private industry to develop a vaccine. The measure, which has passed both houses, would change the manufacturer’s product liability, establish a $6-million fund to support clinical trials of any new vaccine, and guarantee state sales at a maximum cost of $20 million.

AIDS cases increase daily in California. The state should do what it can to help end this scourge and protect its victims.