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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.
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)
World AIDS Day 2016: Honoring Lives Lost by Fighting Discrimination
Justice Blog (December 1, 2016)
Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS (HTML) | (PDF) (En español HTML | PDF) -- A 14-page publication explaining the rights of persons with HIV/AIDS under the Americans with Disabilities Act (ADA), and the requirements of the ADA for employers, businesses and non-profit agencies that serve the public, and State and local governments to avoid discriminating against persons with HIV/AIDS. (October 2016)
Protecting the Rights of Persons Living with HIV/AIDS (HTML) | (PDF) (En español - (HTML) | (PDF)) A tri-fold pamphlet explaining the rights of persons with HIV/AIDS under the Americans with Disabilities Act (ADA), and the requirements of the ADA for employers, businesses and non-profit agencies that serve the public, and State and local governments to avoid discriminating against persons with HIV/AIDS (August 2016)
Nevada Department of Corrections | PDF -- re: violations of Title II of the ADA through housing and employment policies and practices that have resulted in the segregation and stigmatization of inmates with HIV and the incarceration of inmates with disabilities for longer periods, in more restrictive settings, than inmates without disabilities (June 2016)
United States v. Pain Management Care, P.C. -- re: denial of medical treatment by pain management doctor because the patient has HIV (April 2016)
Dr. William Sher -- re: doctor’s refusal to perform a biopsy on a patient after learning the patient has HIV (March 2016)
North Florida OB/GYN Associates, P.A. -- re: gynecologist’s denial of tubal ligation to female patient because of her HIV status in violation of Title III of the ADA (January 2016)
Eradicating Discrimination Against People Living with HIV/AIDS
The Justice Blog
Mercy Suburban Hospital -- re: hospital’s refusal to provide bariatric service to a patient because the patient has HIV (September 2015)