The Americans with Disabilities Act: HIV Infection is Covered Under the Act (CRS Report for Congress)
| Release Date |
July 10, 1998 |
| Report Number |
98-599 |
| Report Type |
Report |
| Authors |
Nancy Lee Jones, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
In Bragdon v. Abbott, No. 97-156 (June 25, 1998), the Supreme Court held that the
respondent's
asymptomatic HIV infection was a physical impairment impacting on the major life activity of
reproduction thus rendering the HIV infection a disability under the Americans with Disabilities Act
(ADA), 42 U.S.C. ¿¿12101 et seq. The Court also examined the ADA's exception
regarding a direct
threat to the health or safety of others and found that courts should assess the objective
reasonableness of the views of health care professionals by looking to the views of public health
authorities but that these views could be rebutted by citing a credible scientific basis for deviating
from the accepted norm. Bragdon was remanded for further proceedings regarding the
question of
risk.
Bragdon v. Abbott has been heralded as a significant decision advancing the rights
of
individuals who have asymptomatic HIV infection. It also has broader implications on the ADA
coverage of reproductive disabilities. This report will not be updated.
