Hastings International and Comparative Law Review


Much fear and ignorance surround AIDS and other stages of HIV infection. The United States and Australia are representative of many countries where anxieties have given rise to discrimination against individuals with HIV infection. HIV-based employment discrimination is a particularly invidious form of discrimination, robbing individuals of capital and other resources when they are needed most to fight a demoralizing and expensive disease. This Note examines the development of employment law protecting the rights of individuals with HIV disorders from disability-based discrimination. After an initial discussion of the disease's characteristics and its incidence, this Note analyzes the status of the law in the United States and Australia, assessing the merits of the two countries' distinct responses to employment discrimination against individuals infected with HIV and setting forth proposals for future legislation.