Filing an HIV/AIDS Discrimination Complaint
Caleb, 6 years old, is all smiles during a Civil Rights Summit held at the US Attorney's Office in Mobile, Alabama. Caleb and his mother were honored guests at the Summit in recognition of their participation in U.S. v. Wales West LLP, a case brought by the United States to remedy HIV discrimination by the owner of an RV resort and campground in Alabama.
Settlement Agreements, Consent Decrees and Letters of Findings
Notice: ADA Cases after 2020 are available on the Civil Rights Division website, along with all of the Division's cases. ADA Cases before then are featured below.
United States v. Town of Clarksville, Indiana -- On April 25, 2022, the Justice Department filed a lawsuit against the Town of Clarksville, Indiana for violating Title I of the Americans with Disabilities Act (ADA). The lawsuit, filed in the U.S. District Court for the Southern District of Indiana, alleges that the Town’s police department unlawfully revoked a job offer to a qualified law enforcement officer based on his Human Immunodeficiency Virus (HIV) diagnosis.
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. (2/17/22)
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. (2/17/22)
Night and Day Dental Settlement Agreement-- Resolves complaint that the respondent discriminated against a woman with HIV who was seeking routine dental care when it refused to accept her as a new patient because of her HIV status, and by requiring certain bloodwork results from patients with HIV before deciding whether to provide dental care. The settlement agreement requires the respondent to pay $30,000 to the victim of the discrimination, train staff on the ADA, develop and use a non-discrimination policy, and file periodic reports with the Department on implementation of the agreement. (6/17/21)
Diva Nails Settlement Agreement -- Resolution of an allegation that a nail salon in Durham, North Carolina, refused to provide services to an individual with HIV. The agreement includes adoption of a non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, annual reports to the Department, written notification to the Department of future complaints, and $7,500 in compensatory damages for the individual. (6/16/21)
State of Nevada ex rel. Nevada Department of Corrections -- On February 11, 2021, the Department of Justice reached an agreement to resolve its findings that Nevada, through the Nevada Department of Corrections (NDOC), discriminated against inmates with disabilities in violation of Title II of the ADA. The agreement resolves the department’s findings that NDOC unjustifiably isolated and segregated inmates with HIV, failed to keep their HIV status confidential, and denied them equal employment opportunities, including in food service positions. The agreement also resolves the department’s findings that NDOC denied inmates with disabilities—including mobility disabilities, HIV, and other physical or mental health conditions—classification and housing at lower-custody levels and facilities. At these lower-custody facilities, inmates have the opportunity to participate in various programs and gradually reintegrate back into the community as well as earn additional credits to reduce the lengths of their sentences. (2/11/21)
Great Lakes Surgical Associates Voluntary Resolution Agreement – Resolution of an allegation that a healthcare provider in Michigan, refused to perform bariatric surgery because the patient had HIV. The agreement includes creation of a non-discrimination policy, notice on the website and in the office of the non-discrimination policy, designation of a Civil Rights Coordinator, adoption of a grievance procedure, training of staff, review by the Department of any relevant policies or procedures and of Compliance Reports, and $37,000 in compensatory damages for the individual. (2/10/2021)
United States v. Dr. Chibuike Anucha, MD, PC Complaint – Alleged discrimination against an individual with HIV by OBGYN doctor who refused to provide routine medical services. (1/14/21)
United States v. Dr. Umaima Jamaluddin, MD Complaint – Alleged discrimination against an individual with HIV by OBGYN doctor who refused to provide routine medical services. (1/14/21)
Midwest Plastic Surgery – Resolution of an allegation that a healthcare provider in Hinsdale, Illinois, declined to perform an elective surgery because the patient had HIV. The agreement includes enforcement of the existing non-discrimination policy, notice on the website and in the office of the non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, maintenance of a file for each potential client that was not accepted as a patient and all those involved in the decision to not accept the individual for at least two years, and $25,000 in compensatory damages for the individual. (5/7/2020)
Walgreen Company – Resolution of an allegation that Walgreens, a nationwide retail store and pharmacy chain, refused to provide a flu shot to an individual with HIV at a store in Las Vegas, Nevada. The agreement includes a commitment not to discriminate, revisions to its annual training of pharmacists, $24,000 in compensatory damages to the individual, and $15,000 as a civil penalty. (March 25, 2020)
O.C. Medical Aesthetics, Inc. d/b/a South Coast MedSpa – Resolution of an allegation that a California provider of cosmetic medical procedures refused to provide laser hair removal services to a customer with HIV, including adoption of a non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, annual reports to the Department, written notification to the Department of future complaints, $12,000 in compensatory damages for the individual, and $6,000 as a civil penalty. (January 28, 2020)
Downers Grove Tattoo Company – Resolution of an allegation that an Illinois tattoo parlor denied tattoo services to a customer with HIV, including adoption of a non-discrimination policy, annual training of staff, review by the Department of any relevant policies or procedures, written notification of future complaints, and $10,000 in compensatory damages for the individual. (December 5, 2019)
Union Parish Detention Center -- re: detainee with HIV held in isolated, segregated housing (March 22, 2018)
Advanced Plastic Surgery Solutions -- re: denial of procedure by cosmetic and reconstructive surgeon because patient has HIV (December 6, 2017)
Valley Hope Association -- re: drug rehab center protecting rights of individuals with HIV (October 6, 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)
Complaint (1/17/17)
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)
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 -- posted June 20, 2016
United States v. Pain Management Care, P.C. -- re: denial of medical treatment by pain management doctor because the patient has HIV -- posted April 12, 2016
Complaint
Dr. William Sher -- re: doctor’s refusal to perform a biopsy on a patient after learning the patient has HIV -- filed March 9, 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 -- posted January 19, 2016
Mercy Suburban Hospital -- re: hospital’s refusal to provide bariatric service to a patient because the patient has HIV -- posted November 18, 2015
Advanced Cosmetic Surgery -- re: plastic surgeon’s refusal to provide service to a patient because the patient has HIV -- posted May 15, 2015
United States v. Compass Career Management L.L.C. -- re: career college’s failure to enroll applicant with HIV in licensed practical nursing program -- posted April 28, 2015
Dentex Dental Mobile, Inc. -- re: discriminatory denial of dental care due to HIV and improper referral of a patient with HIV by mobile dental clinic in violation of Title III of the ADA -- posted March 13, 2015
Genesis Healthcare System -- re: primary care physician's discriminatory denial of care due to HIV and improper referral of patients with HIV in violation of title III of the ADA -- posted January 15, 2015
Gwinnett College -- re: forcing student with HIV to withdraw from a college medical assistant program
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posted May 22, 2014
Rite Aid of Michigan, Inc. - re: pharmacist’s denial of flu shot to customer because of his HIV status. -- posted February 5, 2014
United States v. The South Carolina Department of Corrections | Complaint - re: 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 -- posted September 30, 2013
Barix Clinics - re: settlement regarding refusing or cancelling surgery for two individuals because they have HIV – signed July 26, 2013
Glenbeigh -- re: settlement regarding exclusion of an individual from an alcohol treatment program because of the side effects of his HIV medication -- signed March 13, 2013
Woodlawn Family Dentistry -- re: dentist office's unequal treatment of people with HIV in the scheduling of future dental appointments -- signed February 12, 2013
Castlewood Treatment Center -- re: eating disorder clinic's refusal to treat a woman for a serious eating disorder because she has HIV -- signed February 6, 2013
Fayetteville Pain Center-- re: unlawful exclusion of a person with HIV from treatment -- signed January 30, 2013
Milton Hershey School -- re: unlawful exclusion of child with HIV from school -- signed September 12, 2012
Knoxville Chiropractic Centers-- re: settlement regarding chiropractor's denial of treatment solely because an individual has HIV -- signed May 11, 2012
CHW Medical Foundation and Mercy Medical Group, Inc. -- re: settlement regarding podiatrist's denial of treatment solely because an individual has HIV -- signed May 10, 2012
American Laser Centers, LLC -- re: resolving laser hair removal company's denial based on HIV status of the full array of services provided to others who seek hair removal treatment -- signed June 28, 2011
Modern Hairstyling Institute, Inc. -- re: settlement of investigation in response to an allegation that Modern Hairstyling Institute, Inc. discriminated against an HIV-positive applicant by denying her enrollment -- signed December 2, 2010
United States v. Wales West LLC (Wales West RV Resort) -- re: denying a child with the Human Immunodeficiency Virus (HIV) and his family full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered -- signed January 14, 2010
Amendment to Consent Decree -- signed January 18, 2013
Massage Company, Los Angeles, CA -- re: refusal to serve an individual due to their HIV diagnosis -- signed October 10, 2008
Medical Weight Loss Clinic, Southfield, MI -- re: refusal to serve an individual due to their HIV diagnosis -- signed July 17, 2008
City of Stockton, California -- re: nondiscrimination on the basis of disability, including individuals with communicable diseases, for emergency medical services provided by the city -- November 9, 2007
John Gill Smith and the United States v. City of Philadelphia -- re: nondiscrimination on the basis of disability, including individuals with communicable diseases, in the provision of emergency medical services provided by the city November 13, 2006
United States' Reply to Defendants' Opposition to United States' Motion to Compel Discovery, and United States' Opposition to Defendant's Motion for Protective Order - re: HIV; Discovery; Protective Order - July 28, 2005 PDF | Word
United States' Opposition to Defendant's Motion for Judgment on the Pleadings - re: HIV; Intervention; Statute of Limitations - October 5, 2004 PDF | Word
Memorandum of Points and Authorities in Support of the United States' Motion to Intervene - July 30, 2004 PDF | Word
United States v. Marion County Nursing Home District, Inc., MO -- re: termination of an employee on the basis of HIV, implementation of non-discrimination policy -- signed February 2, 2005
Scott T. Croft, M.D. et al, Phoenix and Scottsdale, AZ -- re: refusal to provide appropriate orthopedic services due to HIV status - March 12, 2004
Memorandum of Points and Authorities in Support of the United States' Motion to Intervene | PDF- March 4, 2003
United States v. Vasquez Funeral Home - re: HIV; Funeral Home; Association - February, 10, 2000 PDF | Word
George Washington University Medical Center -- re: modification of policies and practices related to nondiscrimination concerning patients with infectious diseases, including HIV and AIDS - April 16, 1998
Doe v. Mutual of Omaha Insurance Company - re: Insurance; HIV - March 31, 1998 PDF | Word
United States v. Happy Time Day Care Center, et al. - re: HIV; Child Care - February 20, 1998 PDF | Word
Abbott v. Bragdon
United States' Opposition to Defendant's Motion for Summary Judgment - re: HIV; Healthcare/Dentist; Constitutionality/Commerce Clause; Constitutionality/Contracts Clause; Constitutionality; Due Process Clause; Individual with a Disability; Direct Threat - October 6, 1995 PDF | Word
United States' Motion and Memorandum for Summary Judgment on Constitutional Issues and Memorandum in Support of Plaintiff on Statutory Issues - re: HIV; Healthcare/Dentist; Constitutionality/Commerce Clause; Constitutionality/Contracts Clause; Constitutionality; Due Process Clause; Individual with a Disability; Direct Threat - September 18, 1995 PDF | Word
United States v. Drew B. Morvant, D.D.S.
United States' Opposition to Defendants' Motion for Summary Judgement and Motion to Dismiss for Lack of Subject Matter Jurisdiction - re: Dentist; HIV; Constitutionality/Commerce Clause - January 30, 1995 PDF | Word
(Proposed) Protective Order - re: Dentist; HIV; Discovery April 5, 1994 PDF | Word
Plaintiff's Supplemental Memorandum in Opposition to Defendant's Motion to Dismiss/Motion to Strike - re: Dentist; HIV; Survival of Claim; Damages January 18, 1994 PDF | Word
Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss/Motion to Strike - re: Dentist; HIV; Survival of Claim; Damages December 6, 1993 PDF | Word
Memorandum in Support of Plaintiff's Motion in Limine to Admit Pena Affidavit and Videotape - re: HIV; Dentist; Discovery January 1, 1993 PDF | Word
Memorandum in Support of Plaintiff's Motion in Limine to Exclude Information Regarding HIV Status, Medical History, and Sexual History - re: Dentist; HIV; Discovery January 1, 1993 PDF | Word
United States v. Castle - re: Discovery; HIV - October 4, 1993 PDF | Word