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  • Title: Dental discrimination case is heading to U.S. Supreme Court.
    Journal: AIDS Policy Law; 1997 Dec 26; 12(22):1, 11, 13. PubMed ID: 11364892.
    Abstract:
    The U.S. Supreme Court agreed to hear an appeal brought by [name removed], a dentist from Bangor, ME, who refused to fill a patient's cavity because he was concerned about contracting HIV during the procedure. The Supreme Court's ruling will determine whether or not the Americans with Disabilities Act (ADA) covers HIV-positive individuals who show no signs or symptoms of illness. [Name removed]'s patient, Ms. [Name removed], sued because [name removed] told her he could only perform her dental procedure with state-of-the-art infection control procedures in a hospital 60 miles away. The Federal district court and the 1st Circuit Court ruled in favor of Ms. [Name removed], stating that Congress designed the ADA to cover all HIV-positive people, including those without symptoms. [Name removed] argues that Federal circuit courts are divided on the question of whether asymptomatic HIV is considered a disability under the ADA and whether reproduction should be deemed a major life activity under the ADA. Although the American Dental Association disagrees with Dr. [name removed] regarding the risk of HIV transmission, it will file an amicus brief on his behalf.
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