123.21 Acquired immune deficiency syndrome (AIDS)

A school district violated sec. 111.322(2), Stats., by publishing a policy barring individuals with Acquired Immune Deficiency Syndrome (AIDS) from attendance at-work. AIDS is a handicap within the meaning of the Wisconsin Fair Employment Act. The school district failed to establish that there was a reasonable probability that all individuals with AIDS or ARC would pose a risk of transmission of AIDS in the classroom. The school district also failed to establish that an individual with AIDS in the classroom would pose a risk to the health of that individual. Therefore, the school district was ordered to rescind its policy. Racine Educ. Ass’n v. Racine Unified Sch. Dist. (LIRC, 08/11/89), aff’d sub nom. Racine Unified Sch. Dist. v. LIRC, 164 Wis. 2d 567, 476 N.W.2d 707 (Ct. App. 1991).