The limitations on “reasonable accommodation” for an “otherwise qualified”
disabled person in accordance with Section 504 of the Rehabilitation Act is a
central issue in these cases. Citing its earlier opinion in Southeastern Community
College v. Davis, 442 U.S. 397 (1979), the Court said: An otherwise qualified
person is one who is able to meet all of a program’s requirements in spite of his
handicap. In the employment context, an otherwise qualified person is one who
can perform“the essential functions” of the job in question. When a handicapped
person is not able to perform the essential functions of the job, the court must
also consider whether any “reasonable accommodation” by the employer would
enable the handicapped person to perform those functions. Accommodation is
not reasonable if it either imposes “undue financial and administrative burdens”
on a grantee, or requires a “fundamental alteration in the nature of (the) program.
Arline, 107 S. Ct. at 1131 n.17 (Citations omitted).
HIV constitutes a disability. Under State Law; Chapter 760 of the Florida Statutes,
it prohibits employment discrimination against disabled individuals by employers
with more than fifteen employees. Colleges should not “discharge or fail to hire or
otherwise discriminate with respect to compensation, conditions, or privileges of
employment” because the individual is disabled, (760.10(1) (a), Florida Statutes).
In addition, colleges should not segregate or classify a disabled individual in
any way which would deprive or tend to deprive any individual of employment
opportunities. Furthermore, it is unlawful to adversely affect any individual’s
status as an employee because of a handicap, (760.10(1)(b), Florida Statutes). A
disable person should not be isolated by the college unless the individual poses a
scientifically proven risk to co-workers or students. The language of Chapter 760
protects disabled employees and, therefore, HIV positive individuals from arbitrary
dismissal, discrimination in hiring, promotion, and compensation decisions, and
any other actions as employer may take that adversely affects the employee’s
PRIVACY AND CONFIDENTIALITY
Florida Keys Community College recognizes and respects that any HIV-positive
student or employee has a right to privacy and confidentiality. When college
employees or students have knowledge (or are informed) that an employee or
student may or may not be HIV-positive, that employee or student is not to share
the information with a third party. No information regarding the medical status
of any student will be released without the expressed written consent of the
student unless such disclosure of information in health and safety emergencies
is mandated by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
g and Florida Statute Section 1006.68. No information regarding the medical
status of any employee will be released without the expressed written consent
of the employee unless such disclosure of information in health and safety
emergencies is mandated by a court of competent jurisdiction.