The legislative history of the Rehabilitation Act of 1973 never references contagious diseases but does indicate that Congress intended to preserve public safety at all costs. If the Court sustains the district courts ruling. then it is possible that the Federal Government. or any employer receiving Federal assistance may be faced with affirmative action suits. Such a result is absurd in that it would require our Federal law to. on the one hand. exclude persons with contagious diseases from entering our country under U.S. immigration law while requiring Federal employers to practice affirmative action in hiring these persons. The legislation I am introducing would permit Congress to reaffirm its intent and preserve a law which was intended to protect truly disabled persons.
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