Legal Question in Disability Law in Massachusetts

Qualifications for being handicapped

Is a person with AIDS considered handicapped?


Asked on 4/02/98, 1:47 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Is AIDS considered a handicap?

Any physical or mental impairment that substantially limits one or more major life activities of an individual is a handicap under federal and probably most state law.

It also depends on the context in which you are using handicap.For instance, in an employment context, we speak of a "qualified handicap." A person may be a qualified handicapped individual if he or she can perform the essential functions of his or her job with a reasonable accommodation.Each of those words has a legal significance. Therefore you must ask your employer for a reasonable accommodation. You would want to have a doctor's letter to the employer stating what you are medically allowed and not allowed to do. For instance, you cannot pick up anthing heavier than 15 pounds. You need to use an elevator rather the stairs. You must be seated at least 4 of the 8 hours of your shift. You cannot work in a machine shop where the certain fumes exceed a certain level.To be reasonable the accommodation must be considered reasonable by the ordinary person.

So in answer to your question, AIDS may not be a handicap at initial onset if the person can still perform one or more major activities of life or can perform the essential functions without a reasonable accommodation.But later, the person may be. I hope this answer has been of some help to you.

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Answered on 4/21/98, 2:48 am


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