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1992.09.29 :  HIV Discrimination

Contact:  HHS Press Office (202) 690-6343
September 29, 1992

       HHS Secretary Louis W. Sullivan, M.D., today announced
that the three-judge panel of the HHS Civil Rights Reviewing
Authority has upheld the finding of an administrative law judge
that Westchester County Medical Center in Valhalla, N.Y.,
discriminated against a pharmacist infected with HIV.  The
Reviewing Authority has ordered the termination of WCMC's federal
financial assistance, which amounts to over $100 million
annually.
       WCMC initially refused to hire the pharmacist but later
offered him a restricted position.  Its actions discriminated
against the pharmacist in violation of Section 504 of the
Rehabilitation Act of 1973.  Section 504 prohibits acts of
discrimination against handicapped persons by recipients of
federal assistance.
       Emphasizing that the risk that the pharmacist could
transmit his HIV infection is so small as to be unmeasurable, the
decision of the Reviewing Authority states that "the termination
of all federal funding is an appropriate remedy...supported by
substantial evidence."
       "I applaud the Reviewing Authority's well-reasoned
decision," Secretary Sullivan said.  "There is no justification
for HIV discrimination based on unwarranted fear.  In America
today, hundreds of thousands of people with HIV infection are
productively working in jobs of all kinds, supporting themselves
as well as their families.  Today's decision sends a clear
message that irrational discrimination against such persons will
not be tolerated.  We will continue to vigorously defend their
right to live in dignity and to participate fully as members of
society whose contributions are needed and appreciated."


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