Dismissing Employees Who Develop AIDS

A lawsuit over the matter was dismissed for technical reasons.

Church Law and Tax 1992-05-01 Recent Developments

Employee Relations

Can a church be sued for dismissing an employee who develops AIDS? That was the issue before a Louisiana state appeals court. An AIDS victim worked for a church. A lawsuit brought against the church following his death claimed that the church had wrongfully terminated the employee on account of AIDS in violation of a state civil rights law. A trial court dismissed the case, and the estate appealed. A state appeals court upheld the dismissal of the case. It relied on a state law that permits certain classes of relatives to bring a lawsuit on behalf of a deceased person within one year of the person’s death. In this case, the lawsuit was brought by the decedent’s estate, and not his surviving relatives (a father and several siblings). By the time this procedural error was detected, the one-year time period for filing a lawsuit had expired. Accordingly, the case was dismissed for technical reasons. Overpeck v. Christ Episcopal Church, 577 So.2d 364 (La. App. 1991).

See Also: Labor Laws

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay