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Abstract

This Comment's primary purpose is to examine the substantive provisions of the 1989 amendments to the NCCDA. First, the Comment briefly examines background information, including: (1) medical and statistical facts about AIDS and related infections; (2) the causes, history and significance of AIDS discrimination; and (3) pre-existing or alternate protections available to persons discriminated against on the basis of AIDS, HIV or ARC. Second, the Comment proceeds with a provision-by-provision evaluation of the NCCDA amendments. It analyzes the amendments in light of the above mentioned background information, as well as existing authority on the various issues addressed by the amendments. The analysis includes questions raised by the NCCDA amendments as well as pertinent criticism of some provisions. Third, the Comment expresses concern for the ability of the amendments to achieve their stated but dubious objective-the protection of HIVinfected persons from discrimination.

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