When Congress amended the act in 1978 to exclude alcoholics and drug users. the legislative history indicates that it acted to preserve public safety. Congress has never contemplated the inclusion of contagious diseases within the definition of "handicapped individual." Furthermore. we have always treated contagious individuals differently from handicapped individuals. For instance. persons with contagious diseases as well as alcoholics and drug abusers are excluded from the United States by the immigration laws. If the Courts ruling is rationalized to absurd limits. it is possible that the Federal Government or any employer receiving Federal assistance may be faced with affirmative action suits from persons with contagious diseases. Such a decision would require our Federal law to. on the one hand. exclude persons with contagious diseases. while requiring affirmative action to hire individuals with these same diseases.
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immigration