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Your rights as an HIV-positive person are protected in the workplace by the Americans with Disabilities Act (ADA) that was passed by Congress in 1990. But the ADA goes beyond the workplace to protect you from discrimination in other areas.

On September 16, 1994, Sidney Abbott went to a dentist appointment. Ms. Abbott disclosed that she was HIV-positive and that her condition was asymptomatic. The dentist examined Ms. Abbott, but, upon finding a cavity, he refused to treat her because of her HIV status.

Ms. Abbott filed a lawsuit in federal court arguing that she had been discriminated against in violation of the Americans with Disabilities Act (ADA). After a series of appeals, the Supreme Court agreed to hear Ms. Abbott's case, marking the first time that the highest court would rule on an ADA case involving a person with HIV. On June 25, 1998, the Supreme Court held in Bragdon v. Abbott that an individual who is HIV positive but asymptomatic, like Ms. Abbott, has a disability within the meaning of the ADA and is entitled to the protections of the statute.

In 2008, Congress amended the ADA, making it easier for people with HIV/AIDS to demonstrate that they are persons with disabilities who are covered by the statute. Specifically, under the ADA Amendments Act of 2008, people with HIV/AIDS can demonstrate that they are disabled simply by showing that their unmedicated HIV/AIDS substantially limits the functions of their immune system.

The ADA guarantees equal opportunity for individuals with disabilities—including persons with HIV — So it reaches beyond employment to protect your rights. The U.S. Department of Justice, Civil Rights Division specifies:

State and Local Governments
The ADA applies to all state and local government programs, actions, and services. State and local governments include a wide range of entities and services, such as public schools, county hospitals, emergency responders, and county recreation centers. State and local governments must reasonably modify their policies, practices, and procedures. In addition must provide auxiliary aids and services necessary for effective communication and must make programs, services, and activities accessible to individuals with disabilities.

Health Care Providers
A health care provider, whether public or private:
*May not refer a patient with HIV or AIDS to another provider simply because the person has HIV or AIDS. 
*May refer a person who requests or requires treatment or services outside the provider's area of expertise. 

Exclusion of Individuals with HIV or AIDS
A public or private entity cannot exclude a person with HIV or AIDS unless that person poses a "direct threat" to the health or safety of others. A direct threat analysis must be individualized, finding a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level by reasonable modifications to policies, practices, or procedures.

Housing
The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities, including HIV or AIDS. The FHA prohibits discrimination in the sale or rental of housing (such as apartments, houses, mobile homes, nursing homes, assisted living centers, group homes, student housing, and homeless shelters), and in other residential real estate transactions. 

Filing a Housing Discrimination Complaint with HUD
For complaints concerning housing-related discrimination, contact the U.S. Department of Housing and Urban Development (HUD) at 800-669-9777 (Voice) or 800-927-9275 (TTY) or visit www.hud.gov/complaints.

Filing a Discrimination Complaint with DOJ
If you believe you are being or have been discriminated against because of HIV by a public accommodation or a State or local government, you may file a complaint with the U.S. Department of Justice (DOJ). Individuals are also entitled to bring private lawsuits under the ADA. 

To file a complaint with DOJ, visit www.ada.gov/aids (employment-related complaints can be filed with the Equal Employment Opportunity Commission (EEOC)).

Complaints may also be sent as follows:
By Mail:
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
950 Pennsylvania Ave., NW - NYA 
Washington, D.C.20530
By Fax:
(202) 307-1197

ADA INFORMATION LINE
For more information on the ADA and the rights of persons living with HIV/AIDS, call the ADA Information Line to speak with an ADA specialist. Calls are confidential. 
800-514-0301 (Voice)
800-514-0383 (TTY)

If you feel that you’ve been a victim of discrimination because of your HIV status, don’t wait too long to act, many discrimination issues have statutes of limitations and you could lose your rights.

Copyright 2018, Positive Health Publications, Inc.

This magazine is intended to enhance your relationship with your doctor - not replace it! Medical treatments and products should always be discussed with a licensed physician who has experience treating HIV and AIDS!