COUNSELOR'S CORNER
Jerome McSherry
May 3, 1988
ADVICE
Wife may be able to sue her husband for injuries
Dear Counselor:
I read recently that the Center for Disease Control in Atlanta estimates 100,000 people in the United States will have AIDS by 1991.
I’m an employee of a large company which employs several hundred personnel in sales and other service-related functions. Are there any federal laws which would prohibit the discharge of an employee who has AIDS?
Answer:
There is a federal statute which prohibits discrimination based upon a person’s handicap. In some cases a contagious disease has been classified as a handicap. The United States Supreme Court has ruled that businesses which are recipients of federal aid may not discriminate against people with contagious diseases if they are otherwise qualified to work or take part in some activity. This statute applies to federal employment, government contractors, and other businesses which receive federal funds.
Therefore, employers should be wary of dismissing AIDS victims summarily. At the present time such decisions would depend on whether the business is a recipient of federal funding and secondarily, whether the worker’s job performance is affected.
Dear Counselor:
My brother and sister-in-law have not been getting along for several years. Last year they were in an auto accident. My brother was partially at fault for the accident and his wife was injured. She keeps threatening to sue him for her injuries. I thought a wife could not sue her husband for personal injuries?
Answer:
Under the old law in Illinois a spouse could not sue his or her mate for injuries which occurred during the marriage, other than for intentional acts.
This law has recently been abolished so that spouses may now sue each other for any torts committed during the marriage. Your sister-in-law may indeed have a potential lawsuit against your brother.
Dear Counselor:
My wife and I retained a real estate broker to represent us in the purchase of a new home. We have reason to believe the broker was also representing a competing purchaser and submitted an offer on behalf of the other purchaser. We found this out after the other people had their offer accepted. Were the actions of the real estate broker proper?
Answer:
No. The real estate broker should not have represented two parties making competing offers. The failure to disclose this conflicting representation could be an actionable offense under the Consumer Fraud and Deceptive Business act.
Dear Counselor:
I am the president of a local manufacturing company. Our building is located adjacent to the interstate highway. We are considering erecting a large sign which would face the interstate and advertise our company’s product. Are there any laws which would regulate the construction and placement of the sign on our property?
Answer:
Yes. The Illinois Hig Advertising Control regulates the erection and maintenance of outdoor advertising signs in areas adjacent to highways. The Department of Transportation is the state agency which governs our highways in Illinois.
Specific requirements regarding the location, size and type of sign are contained in statute and administered by the Department of Transportation. Before erecting your sign near a highway you must register with the Department and obtain a permit. The department will provide you with an application form and give you guidance and the specifications for the particular sign.
Jerome McSherry is a contributing editor of a quarterly publication on insurance law and tort litigation. His column will appear monthly in BIZ, Your Office Newspaper.