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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?

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

Rite Aid of Michigan, Inc.
Settlement regarding pharmacist’s denial of flu shot to customer because of his HIV status.

The South Carolina Department of Corrections | Complaint
Consent Decree regarding the integration of inmates with HIV into general population, addressing the conditions of confinement, and providing equal opportunity to participate in and benefit from all services, programs, and activities

Barix Clinics
Settlement regarding refusing or cancelling surgery for two individuals because they have HIV

Glenbeigh
Settlement regarding exclusion of an individual from an alcohol treatment program because of the side effects of his HIV medication

Woodlawn Family Dentistry
Settlement regarding dentist office's unequal treatment of people with HIV in the scheduling of future dental appointments

Castlewood Treatment Center
Settlement regarding eating disorder clinic's refusal to treat a woman for a serious eating disorder because she has HIV

Fayetteville Pain Center
Settlement regarding unlawful exclusion of a person with HIV from treatment

blog.AIDS.gov
Justice Department: Fighting Discrimination against People Living with HIV

Milton Hershey School
Settlement regarding unlawful exclusion of child with HIV from school

Blogs. Office of National AIDS Policy
Toward AIDS 2012: Fighting Discrimination Against People with HIV/AIDS

Questions and Answers:  The Americans with Disabilities Act and Persons with HIV/AIDS (HTML) | (PDF)