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?

United States v. Town of Clarksville, Indiana -- On September 15, 2022, the Justice Department entered into a consent decree with the Town of Clarksville, Indiana. Under the decree, Clarksville will revise its policies and procedures for employment-related medical exams as needed to ensure ADA compliance; provide ADA employment training to employees who make personnel decisions; and report to the United States on any ADA employment complaints and on its consent decree compliance. Clarksville will also pay $150,000 in damages to the complainant and provide him with an affidavit stating that the withdrawal of his job offer was unrelated to any action or lack of qualification on his part.

United States v. Dr. Chibuike Anucha, MD, PC Consent Decree -- Alleged discrimination against an individual with HIV by OB/GYN doctor who refused to provide routine medical services.  The consent decree requires the doctor to pay $37,500 to the complainant and a $5,000 civil penalty, take (and provide his staff with) training on the ADA and the OB/GYN care of patients with HIV, implement a non-discrimination policy, and provide reports to the department.

United States v. Dr. Umaima Jamaluddin, MD Consent Decree -- Alleged discrimination against an individual with HIV by OB/GYN doctor who refused to provide routine medical services.  The consent decree requires the doctor to pay $37,500 to the complainant and a $5,000 civil penalty, take (and provide her staff with) training on the ADA and the OB/GYN care of patients with HIV, implement a non-discrimination policy, and provide reports to the department.