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1. ADA Enforcement Guidance- Preemployment Disability-Related Questions and Medical Examinations, Equal Employment Opportunity Commission (EEOC), 1995

   This ADA Enforcement Guidance publication sets forth the restrictions on an employer's right to inquire about an applicant's physical and/or mental condition during the application process. Under the ADA, an employer may not ask an applicant dis ...

   Anonymous (not verified) - 5/8/2013 1:46pm

2. In re Interest of John T., 538 N.W.2d 761 (Neb. Ct. App. 1995)

   This opinion addressed the issue of whether a foster parent's omission of their positive HIV-status to the court should factor into the outcome of a custody proceeding. The court ultimately held that it should not be a factor, and that the focus of t ...

   Anonymous (not verified) - 5/8/2013 1:46pm

3. Newton v. Riley, 899 S.W.2d 509 (Ky. Ct. App. 1995)

   This opinion concludes that the cohabitation of a custodial parent with an HIV-positive stepparent is not sufficient grounds on its own for modifying a custody order in favor of the non-custodial parent. The issue was one of first impression for the Kentu ...

   Anonymous (not verified) - 5/8/2013 1:46pm

4. State v. Hinkhouse, 912 P.2d 921 (Or. Ct. App. 1996)

   Hinkhouse was convicted of ten counts of attempted murder and ten counts of attempted assault after he engaged in unprotected sexual intercourse with a number of women to whom he reportedly failed to disclose his HIV status. On appeal, Hinkhouse argued th ...

   Anonymous (not verified) - 5/8/2013 1:46pm

5. State v. Caine, 652 So.2d 611 (La. Ct. App. 1995)

   Donald Caine was convicted of attempted second degree murder after he stabbed Wanda Fitzgerald with a needle attached to a syringe containing a clear fluid. Before stabbing Fitzgerald, Caine said, "I'll give you AIDS." The trial court deter ...

   Anonymous (not verified) - 5/8/2013 1:46pm

6. Interim Report, New York State AIDS Advisory Council Subcommittee on the HIV-Infected Health Care Worker

   In 1992, in response to a CDC directive, the New York State Department of Health issued a policy regarding the practice of HIV-positive health care workers. Three years later, the New York State AIDS Advisory Council Subcommittee on the HIV-Infected Healt ...

   Anonymous (not verified) - 5/8/2013 1:46pm

7. Doe v. Southeastern Pennsylvania Transportation Authority (SEPTA), 72 F.3d 1133 (3d Cir. 1995)

   In this opinion, the Third Circuit holds that individuals have a constitutionally protected right to privacy in their medical records, including prescription drug records, and in their HIV status. The court holds that a separate disclosure is made every t ...

   Anonymous (not verified) - 5/8/2013 1:46pm

8. Doe v. University of Maryland Medical System Corp., 50 F.3d 1261 (5th Cir. 1995)

   This opinion concerns a case brought against a hospital by a surgical resident who was permanently suspended from surgical practice due to his HIV-status. The surgical resident brought claims under Title II of the Americans with Disabilities Act (ADA) and ...

   Anonymous (not verified) - 3/31/2016 10:23am

9. Ryan v. Ramsey, 936 F. Supp. 417 (S.D. Tex. 1996)

   Relying on the Seventh Circuit's four-prong impact analysis outlined in Metropolitan Housing Development Corp. v. Village of Arlington Heights, 558 F.2d 1283 (7th Cir. 1977), the District Court found that a landlord's refusal to rent to an HIV-p ...

   Anonymous (not verified) - 5/8/2013 1:46pm

10. Hill v. Cmty. of Damien of Molokai, 911 P.2d 861 (N.M. 1996)

    Applying the four-prong impact analysis outlined in Metropolitan Housing Development Corp. v. Village of Arlington Heights, 558 F.2d 1283 (7th Cir. 1977), the New Mexico Supreme Court found that a group home for people with AIDS conformed with a restricti ...

    Anonymous (not verified) - 3/31/2016 10:22am