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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.
Advanced Plastic Surgery Solutions -- re: denial of procedure by cosmetic and reconstructive surgeon because patient has HIV (December 6, 2017)
World AIDS Day -- the Justice Blog (December 1, 2017)
Aurora Health Care -- re: denial of medical treatment to two patients with HIV (July 21, 2017)
City of New York Consent Decree -- re: disability discrimination based on the NYPD's failure to hire a qualified candidate, to whom it had previously made a conditional offer of employment, because of his HIV-positive status (4/10/17)
Pea Ridge School District Settlement Agreement – re: settlement agreement under Title II of the ADA addressing public school district's exclusion of three students from educational instruction and extracurricular activities based on concerns that they might have HIV (March 20, 2017)
Pea Ridge School District Letter of Findings | PDF - re: findings on the exclusion of three students from public school district after the district’s review of a document referencing the HIV status of the students’ family member, in violation of Title II of the ADA (December 15, 2016)