Is AIDS a disability under ADA and Rehabilitation Act? Why or why not?

The definition of disability under both the ADA and the Rehabilitation Act includes contagious diseases, such as AIDS. Although AIDS is contagious, medical authorities agree that it is not transmitted through the casual contact likely to occur in the workplace. The courts have consistently held that persons who are HIV-positive suffering from AIDS or AIDS-related conditions are individuals with a disability under the Rehabilitation Act and the ADA. Therefore, employers are required to make reasonable accommodation for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job and do not present a direct threat to the health or safety of others.

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