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School Board of Nassau County v. Arline

1. Do you agree with the Court's decision? Why or why not? Would your answer change if the contagious disease was AIDS or HIV? Explain.

2. If it is shown that Arline could perform some other function in the school system besides teaching, and contact with others was not as prevalent as in the classroom, would you allow her to stay on? Discuss.

3. Do you think there is adequate protection of both the employee and the public in this case? What should the courts do to diminish discrimination against the disabled built upon myth and misconceptions? references/citations

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1 I agree with the Court's decision. Tuberculosis was such an ailment that created a record of impairment on the patient's major life activities. In short it meant that the disease's physical effects impaired the patient's ability to work. Gene Arline was fired by the Nassau County when it became clear that her illness was recurrent. Tuberculosis did not allow Gene to perform her duties as an elementary school teacher. The disease was disabling. The evidence is that Nassau County dismissed her. There is no reason to believe that Gene Arline was not handicapped. Tuberculosis handicapped her from performing her duties to the point that she was dismissed from the school.

My answer would partly change if the contagious disease was AIDS or HIV. ...

Solution Summary

The answer to this problem explains School Board of Nassau County v. Arline. The references related to the answer are also included.