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  • Title: In a narrow ruling, 1st Circuit says HIV is covered under ADA.
    Journal: AIDS Policy Law; 1997 Mar 21; 12(5):1, 8-10. PubMed ID: 11364154.
    Abstract:
    A 1st Circuit Court of Appeals panel ruled that a person who has HIV infection, even if that individual has no sign of illness, is protected from discrimination under the Americans with Disabilities Act (ADA). The message conveyed by this ruling to health care providers is that discrimination of people living with HIV is not acceptable. The ruling stems from a case involving a dental patient denied care because she was HIV-positive. The judges said the patient has a disability because she was significantly limited in a major life activity, namely reproduction. The court dismissed the dentist's argument that the patient's HIV status posed a direct threat to his safety. The three-judge panel affirmed a lower court ruling granting summary judgement to the patient. This was the first time a circuit court was asked to rule on the matter of a direct threat in the context of risk of transmission from patient to dentist. This ruling encompasses Maine, Massachusetts, New Hampshire, Vermont, Rhode Island, and Puerto Rico.
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