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The Justice Department argues employers may act on contagion fear even if irrational, while the AMA and NSBA stress individualized case assessment, lawful “reasonable accommodation,” and rejection of blanket rules for all handicapped or infectious patients.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/healthcare/","Healthcare",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/document/schools-doctors-and-justice-are-divided-allies-in-tuberculosis-case/325602/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/schools-doctors-and-justice-are-divided-allies-in-tuberculosis-case/325602.png","ImageObject",300,407,{"name":42,"@type":43},"Ezra","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/pdf","2026-10-23","2026-09-21",true,{"@type":52,"interactionType":53,"userInteractionCount":55},"InteractionCounter",{"@type":54},"ViewAction",9,{"@type":57,"mainEntity":58},"FAQPage",[59,65,69],{"name":60,"@type":61,"acceptedAnswer":62},"What legal issue is central to the tuberculosis dispute?","Question",{"text":63,"@type":64},"The case centers on whether federally funded programs can discriminate against a disabled person based on fear or prejudice, as addressed by the 1973 Rehabilitation Act and its disability-based bias protections.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"How does the Justice Department’s position differ from the AMA and NSBA?",{"text":68,"@type":64},"The Justice Department argues employers may dismiss employees based on contagion fear even if irrational, without discriminating based on the disease itself. The AMA and NSBA argue for individualized assessment rather than blanket exclusion.",{"name":70,"@type":61,"acceptedAnswer":71},"What does the document say about accommodations for a teacher who is not “otherwise qualified”?",{"text":72,"@type":64},"It notes regulations requiring “reasonable accommodation,” such as shifting nonessential duties, installing equipment, or relocating the workspace, and it argues accommodation should be limited rather than assuming the employer must create a new position without constraints.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},325602,1790156100,{"code":4,"msg":82,"data":83},"success",[84,88,92,96,101,106,110,115,119,122,126],{"id":22,"doc_module":4,"doc_module_name":25,"category_name":85,"show_sort_weight":86,"slug":87},"Story & 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a teacher with contagious tuberculosis has the sup-port of the Reagan administration,the National School Boards Association(NSBA)and the American Medical Association(AMA)for its U.S.Supreme Courtfight,but the allies have radically different views of the war.  \nThe Justice Department argues,as it did in a recent opinion on acquired immunedeficiency syndrome(AIDS),that employers afraid of contagion may fire workerson that basis,even if the fear is irrational,so long as they do not discrimi-nate on the basis of the disease itself(HED,June 24)。Justice Saturday fileda friend-of-the-court brief in the tuberculosis case,School Board of NassauCounty v.Arline(54 USLW 3695),which concerns the 1973 Rehabilitation Actagainst disability-based bias in federally funded programs.  \nThe Court is likely to hear the case next fall and by mid-1987 issue a rulingwith great impact on colleges,universities,faculty,staff and students.  \nPurpose DebatedWhile agreeing that the Nassau County,Fla.,school mayhave had the right to dismiss the teacher,Gene Arline,the AMA bridled at Jus-tice's argument.Distinguishing between the contagion and the disease\"doesviolence to the fundamental Congressional purpose …of protecting handicappedindividuals from decisions based on fear,prejudice or stereotype,\"said thegroup in its brief.\"It also does violence to the statutory language.\"With-out directly contradicting Justice,NSBA said the same.  \nBut Justice went further and questioned whether the act protects a handicappedperson from bias based on stereotypes \"derived solely from the fact that theperson is handicapped\"but not based on the real extent of the disability.  \nWhile they rejected Justice's approach,AMA and NSBA_said schools do not alwayshave to keep contagious teachers in the classroom。Instead,AMA and NSBA notedthat the Rehabilitation Act allows exclusion of a handicapped individual ifthat person is not“otherwise qualified\"for the job。Given the school's re-sponsibility for the health and safety of students and staff members,freedomfrom dangerous diseases that might be spread at school is a \"1egitimate jobcriterion,\"NSBA argued.  \nNSBA and AMA urged the Court to rule that each handicapped person's case mustbe considered individually because the degree and route of infectiousness andthe risks posed vary from disease to disease and from patient to patient.The14th Amendment requires public employers to behave rationally,NSBA deputy gen-eral counsel Gwen Gregory added in an interview.(more)  \n6  \n      July 15,1986  \n# SCHOOLS,DOCTORS AND JUSTICE ARE DIVIDED ALLIES(Cont.)\n\nContagious diseases,AMA noted,range from the common cold to AIDS.\"Althoughfar more serious [than tuberculosis]in consequence,\"in that more than 55percent of reported cases have died,\"AIDS is relatively difficult to catch,\"agreed NSBA。The\"near impossibility of casual transmission makes it likelythat a teacher with AIDS would be considered 'otherwise qualified'to teach.\"  \nThe Nassau school board argued that contagious diseases should not even be con-sidered handicaps,because Congress did not mention them in the act.Even ifthey are handicaps,said the board,a tuberculosis patient automatically shouldbe deemed not qualified to teach.The AMA,however,noted that most tuberculo-sis patients can be cured,and AMA and NSBA counseled against blanket rules.  \nBut they all agreed on one thing:that the Court should overturn the appealscourt ruling in the case,which said that if Arline is not otherwise qualified,the school board should try to find another job to accommodate her.The regu-lations call for\"reasonable accommodation,\"and the Supreme Court has upheldthat rule,but accommodation should be limited to \"shifting nonessential dutiesto other employees,\"installing certain equipment or relocating the handicappedperson's workspace,they argued,quoting several regulations and precedents.  \nNSBA","cbCaiegJhTKypn3m","https://ap.wps.com/l/cbCaiegJhTKypn3m","pdf",1245243,"English","# SCHOOLS, DOCTORS AND JUSTICE ARE DIVIDED ALLIES IN TUBERCULOSIS CASE\n# BENNETT URGES STATE LEGISLATORS TO BACK EFFORTS AGAINST DRUG USE ON CAMPUS","[{\"question\":\"What legal issue is central to the tuberculosis dispute?\",\"answer\":\"The case centers on whether federally funded programs can discriminate against a disabled person based on fear or prejudice, as addressed by the 1973 Rehabilitation Act and its disability-based bias protections.\"},{\"question\":\"How does the Justice Department’s position differ from the AMA and NSBA?\",\"answer\":\"The Justice Department argues employers may dismiss employees based on contagion fear even if irrational, without discriminating based on the disease itself. The AMA and NSBA argue for individualized assessment rather than blanket exclusion.\"},{\"question\":\"What does the document say about accommodations for a teacher who is not “otherwise qualified”?\",\"answer\":\"It notes regulations requiring “reasonable accommodation,” such as shifting nonessential duties, installing equipment, or relocating the workspace, and it argues accommodation should be limited rather than assuming the employer must create a new position without constraints.\"}]","SCHOOLS, DOCTORS AND JUSTICE ARE DIVIDED ALLIES IN TUBERCULOSIS CASE | PDF",1789970935,13]