School Board of Nassau County, Fla. v. Arline

In School Board of Nassau County, Fla. v. Arline (480 U.S. 273 [1987]), the Supreme Court considered whether, under section 504 of the Rehabilitation Act, a disabled school teacher who suffered from tuberculosis could be fired because she had a contagious disease. The Court refused to carve out an exception to federal disability discrimination law because the employee suffered from a contagious disease. "Allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of 504, which is to ensure that handicapped individuals are not denied jobs or other benefits because of the prejudiced attitudes or the ignorance of others." (Id. at 284.) The Court directed lower courts to make an individualized inquiry to determine whether a disabled person posed a direct threat to others. "Such an inquiry is essential if 504 is to achieve its goal of protecting handicapped individuals from deprivations based on prejudice, stereotypes, or unfounded fear, while giving appropriate weight to such legitimate concerns of grantees as avoiding exposing others to significant health and safety risks." (Id. at 287.)