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?

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.  (June 2021)

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. (June 2021)

Great Lakes Surgical Associates Settlement 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.  (February 2021)