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  • Title: What lessons can be learned from Runnebaum?
    Journal: AIDS Policy Law; 1997 Sep 05; 12(16):8-9. PubMed ID: 11364671.
    Abstract:
    AIDS advocates and attorneys who specialize in AIDS law are speculating over the impact that the case of [name removed] will have on future lawsuits. Mr. [Name removed] was denied protection under the Americans with Disabilities Act (ADA) because his HIV was deemed asymptomatic. The 4th Circuit Court ruled that plaintiffs such as [name removed], with asymptomatic HIV, are not eligible for protection under the ADA because the HIV diagnosis does not render them disabled. Asymptomatic HIV-positive patients who wish to pursue lawsuits under the ADA are being advised to keep detailed records of their limitations and will be required to prove that asymptomatic HIV impedes major life activities even in the absence of visible symptoms. In [name removed]'s case, the 4th Circuit Court did not accept the proposition that those with asymptomatic HIV are unable to participate in sexual relations and reproduction. Other circuit courts have differed on whether or not to consider reproduction as a major life activity. Attorneys note that the ADA may apply if a plaintiff can prove that he or she was regarded as having a disability due to HIV infection.
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