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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (March 1, 1988)
Your rights as a person with AIDS In spite of labyrinthine bureaucratic procedures, laws exist to protect citizens. PWAs must exercise these protections afforded by the Constitution of the United States complaint on the state level. Twenty-five states see AIDS as a handicap for which discrimina ersons with acquired immune deficiency tion is prohibited. syndrome or persons perceived as having In Oregon, telephone the Civil Rights Divi sion of the Bureau of Labor and Industries at AIDS have rights and protections under federal and state law plus free technical assistance at 229-6601. the local level. According to Raleigh Lewis, administrator. Section 504 of the Rehabilitation Act of 1973 “ It's a simple matter of calling and describing prohibits discrimination against persons who the situation. We set up an intake appointment, are regarded as having a handicapping condi during which we ask for a written statement by tion. The Supreme Court’s Arline decision in the complainant." March 1987 deemed the dismissal of a Florida The Civil Rights Division of the Oregon schoolteacher with tuberculosis to be discrimi Bureau of Labor and Industries is required by natory and illegal. Acquired immune deficiency law to resolve each discrimination case within syndrome, also a communicable disease, falls one year or lose jurisdiction over the case. within the protection of the Arline decision. Currently, information about civil rights Section 504 applies to employers and organi complaints in Oregon is public. The name of the complainant and the basis for filing is open to zations that receive funding from any federal department or agency. anyone. ’ ‘As long as we can trace just $ 1 said "PWAs are just not coming forward for fear Carmen Rockwell, Health and Human Services of personal information being made public.” regional manager, “ you are within our jurisdic Lewis said. “ Nobody filed in 1986. while two filed in 1987. Our single case in 1988 is still tion and have the right to file a claim.“ pending. That’s only three cases." PWAs who have been discriminatorily CRD is seeking a confidentiality ruling from terminated from their jobs or denied access to services, housing or medical treatment because the Attorney General's office, Lewis added. If all of this seems too bureaucratic and over of their handicap should file a claim. whelming, there is hope at the local level, To file a complaint, provide the following specifically at the Metropolitan Human Rela information in writing: tions Commission. • your name and address; According to Greg Gudger, Executive • how. why, and when you believe you were Director at MHRC, ‘ ‘The Civil Rights Division discriminated against; doesn't provide technical assistance to • the name and address of the institution or claimants, only to respondents. We step in and organization that discriminated against you; prepare the claimant for CRD's administrative • any other relevant information you have. process." Send this documentation to: Carmen Rock Call 796-5136 for technical assistance such well, Regional Manager, Office for Civil as advice on what documents are needed and Rights. Department of Health and Human content of those documents, explanation of Services, 2901 Third Avenue. Mail Stop 510. filing timelines, gathering of witnesses, Seattle, Wash. 98121. arranging presentations at hearings and specif "Our goal for processing time from receipt ics on laying out the discrimination case. After of claim to resolution is 90 days," Rockwell receiving technical assistance. PWAs have the said. “ Often, people come to us after trying to option of filing with the CRD at the Bureau of talk to employers. When we step in. the dis Labor or taking the discrimination case to criminating party settles.” District Court. No AIDS claims were filed in 1986 in the In spite of labyrinthine bureaucratic proce Seattle region (Northwestern United States), but 40 claims were filed in 1987. Twenty AIDS dures, laws exist to protect citizens. As for all of us. PWAs must exercise these protections claims are now pending in the Seattle office. afforded by the Constitution of the United PWAs who feel they have been discriminated States. They are not favors or preferential treat against by an organization or company not re ments, but inalienable rights. • ceiving federal ftmds can file a discrimination B__V__D O R I S W I S H E R P “ Draw Yourself Out!” A N N H IN D S , art m e d iu m 274-9591 DIA It takes tw o to have unsafe sex, Professions! Insurance for Portland since 1937 COMMERCIAL PERSONAL LIFE & HEALTH Downey Insurance Agency 610 SW Broadway Portland. Oregon 97205 (503) 228-8327 only one to prevent it. Find out how. Saturday January 23 Sunday February 21 Saturday March 19 Saturday April 16 Saturday May 14 Sunday June 5 Saturday June 18 Downtown at the Portland Building, 1120 SW 5th Conference Room B, Second Floor All workshops are from 1pm to 5pm. For more information call CAP at 223-5907