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ADA.gov/AIDS: Fighting Discrimation Against People with HIV/AIDS

The Americans with Disabilities Act (ADA) gives Federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.

An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Persons with HIV disease, either symptomatic or asymptomatic, have physical impairments that substantially limit one or more major life activities and thus are protected by the ADA.

Persons who are discriminated against because they are regarded as being HIV-positive are also protected. For example, the ADA would protect a person who is denied an occupational license or admission to a school on the basis of a rumor or assumption that he has HIV or AIDS, even if he does not.

What's New?

Compass Career Management L.L.C. -- re: career college’s failure to enroll applicant with HIV in licensed practical nursing program

Dentex Dental Mobile, Inc. -- re: discriminatory denial of dental care due to HIV and improper referral of a patient with HIV by mobile dental clinic in violation of Title III of the ADA

Genesis Healthcare System -- re: primary care physician's discriminatory denial of care due to HIV and improper referral of patients with HIV in violation of title III of the ADA

Best Practices Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically Supported Factors  --  A guide to provide technical assistance to states that wish to re-examine their HIV-specific criminal laws to ensure that existing policies do not place unique or additional burdens on individuals living with HIV/AIDS and that these policies reflect contemporary understanding of HIV transmission routes and associated benefits of treatment.

Gwinnett College
Settlement Agreement regarding forcing student with HIV to withdraw from a college medical assistant program.

Prevalence and Public Health Implications of State Laws that Criminalize Potential HIV Exposure in the United States --  A journal article, co-authored by the Department of Justice and the Centers for Disease Control and Prevention