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Thursday, October 29, 1987 / University Daily Kansar
Howard Continued from p. 1
Co-workers' concern
The April 6 letter from Coffman and Vorhies also stated, "It was noted that your colleagues in the laboratory, both unclassified and classified, are beginning to experience an increased level of anxiety related to the various expressions of your illness."
A K-State employee in the department of veterinary diagnosis said he was afraid to be around people with AIDS. He asked not to be identified, saying he feared job or academic repercussions.
Dennis Howard, Kansas State University associate professor, was told in September 1986 that he had AIDS.
Howard said his co-workers tested him when they found uplease.
"My co-workers, who are supposed to be Ph.D. pathologists — supposed to be intelligent men — treated me terribly." Howard said. "They watched me like a hawk. They would follow me into the bathroom and they tagged the urinal that I used so that no one else would use it."
The Kansas civil rights commission has begun its preliminary investigation of Howard's complaint. After complaints are investigated, the commission is pointed by the governor will decide whether there is probable cause.
If no probable cause is found, the case will be closed as far as the commission goes, but the complainant still can take it to district court.
If probable cause is found, the commission will try to negotiate a conciliatory agreement between parties. If no agreement is reached, the case may be referred to a public hearing, or to another recommendation to the commission.
The complainant can receive compensation for actual losses — for example, lost wages and compensations. The complaint is issued in an imminent for mental suffering is $2,000.
Thompson, K-State's attorney, says the university's AIDS policy appears to be sound.
Under its employment section, the policy states " ." employees with AIDS, with AIDS-Related Complex or with a positive blood test for the AIDS antibody will be treated for all work-related purposes in the same
manner as persons who develop other kinds of illnesses."
AIDS falls under legislation for the handicapped in the Federal Rehabilitation Act of 1973, said Dr. Terry of the school's affirmative action office.
"That basically says that we will not discriminate on the basis of handicap and that we will provide accommodations." Rowlett said.
In the past, Rowlett said, K-State has made many accommodations that people with disabilities could fulfill their job responsibilities. For example, the university has reconstructed labs and lowered tables and sinks to accommodate people who use wheelchairs, she said.
Thompson said accommodations had to be made on a case-by-case basis. The effects of an illness and job determine how it is restructured.
In some cases, an illness does not allow employees to fulfill responsibilities, she said. In those cases, the employee cannot accommodate the employee.
"Without commenting on this particular case, we have had in the past a few situations where people's conditions involve loss of memory." Thompson said. "There haven't been many of these, but if loss of memory intertwines with the ability to teach, we need more experience that can be made."
KU does not have a separate AIDS policy now. However, a committee is looking at the needs of the University of Kansas Medical School campus and the Lawrence campus. A task force also has been formed to address the needs of the Lawrence campus alone.
Vickie Thomas, University general counsel, said she was not aware that her office had dealt with any cases of individuals with infectious diseases.
Without a specific AIDS policy, Thomas said KU would classify an AIDS patient as a disabled person and take Action Plan of Equal Opportunity.
"The plan very clearly states that the University will not discriminate on the basis of disability," Thomas said. "The Rehabilitation Act of 1973 provides that you have to look at reasonable accommodations. And if
Lisa Jones/KANSAN
an employer is unable to reasonably accommodate disabilities without undue hardship, then it isn't required to do so."
She said KU would look at the employee's job to see whether accommodations could be made.
"But it is very possible that there isn't any particular accommodation that could be made." Thomas said. "I'm a businesswoman and I amount of time a disabled employee
must spend in the hospital or away from work.
"That kind of thing occurs at the University often with as many employees as we have," Thomas said.
"Ultimately, there comes a point if you cannot return to perform your duties, the University would have to go ahead and make other arrangements to fill that position." Thomas said. "If you weren't able to teach the class anymore or your teaching was impaired, then the University has a responsibility to the students, the co-workers and the professors to step in and say, 'We don't agree that you're able to perform
Thomas said AIDS patients, like any other disabled persons, would be able to take sick leave. If that ran out, eligible employees could take disability pay. Others must take an unpaid leave of absence.
these functions.' and we would have to address these matters."
Thomas said KU would first document what the difficulties were and then present that to the employee.
"We would say, 'Here's what happened, here is the performance problem that we see. Our interest is in addressing the performance problem, not in judging you.' " she said.
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