Protecting the Rights of Persons Living with HIV/AIDS

U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Protecting the Rights of
Persons Living with
HIV/AIDS
Filing a Discrimination Complaint with DOJ
A person who believes that he or she is being or
has been discriminated against because of
HIV/AIDS by a public accommodation or a State or
local government may file a complaint with the U.S.
Department of Justice (DOJ). Individuals are also
entitled to bring private lawsuits under the ADA.
To file a complaint with DOJ, visit www.ada.gov/HIV.
Complaints may also be sent as follows:
By Mail: U.S. Department of Justice
Civil Rights Division
Disability Rights Section
950 Pennsylvania Ave., NW—NYA
Washington, D.C. 20530
By Fax: (202) 307-1197
HOUSING
The Fair Housing Act (FHA) prohibits discrimination
against individuals with disabilities, including
HIV/AIDS. The FHA prohibits discrimination in the
sale or rental of housing (such as apartments,
houses, mobile homes, nursing homes, assisted
living centers, group homes, student housing, and
homeless shelters), and in other residential real
estate transactions.
Filing a Housing Discrimination Complaint
with HUD
For complaints concerning housing-related
discrimination, contact the U.S. Department of
Housing and Urban Development (HUD) at
800-669-9777 (Voice) or 800-927-9275 (TTY) or
visit www.hud.gov/complaints.
ADA INFORMATION LINE
For more information on the ADA and the rights of
persons living with HIV/AIDS, or to request this
publication in an alternative format, call our ADA
Information Line Monday through Wednesday,
Friday 9:30 a.m. — 5:30 p.m., Thursday 12:30
p.m. — 5:30 p.m. (Eastern Time) to speak with an
ADA specialist. Calls are confidential.
800-514-0301 (Voice)
800-514-0383 (TTY)
ADDITIONAL RESOURCES
For advice to employers on how to reasonably
accommodate individuals with disabilities in the
workplace, contact the Job Accommodation
Network (JAN) at 800-526-7234 (Voice) or
877-781-9403 (TTY) or visit www.askjan.org.
For more Federal government resources and
information on HIV/AIDS, including about
prevention, testing, treatment, research, and the
National HIV/AIDS Strategy, visit www.hiv.gov.

Protecting the Rights of Persons Living with HIV/AIDS
FIGHTING DISCRIMINATION
The Americans with Disabilities Act (ADA) guarantees
equal opportunity for individuals with disabilities in
public accommodations, employment, transportation,
State and local government services, and
telecommunications. People with HIV/AIDS, both
symptomatic and asymptomatic, are protected by the
ADA. The ADA also protects persons who are
discriminated against because they have a record of or
are regarded as having HIV/AIDS, or they have a known
association or relationship with an individual who has
HIV/AIDS.
EMPLOYMENT
The ADA prohibits disability discrimination by all public
employers and all private employers with 15 or more
employees. Discrimination against qualified individuals
with disabilities (i.e., an individual who can perform the
essential functions of the job with or without reasonable
accommodations) is prohibited in hiring, firing,
application procedures, job assignments,
reassignments, training, benefits, and promotions.
Reasonable Accommodations
Employers must provide reasonable accommodations to
the known disability of any qualified individual, unless
doing so would impose an undue hardship. A
reasonable accommodation is any modification or
adjustment to a job, the job application process, or the
work environment that will enable a qualified applicant
or employee with a disability to perform the essential
functions of the job, participate in the application
process, or enjoy the benefits and privileges of
employment. An undue hardship is defined as
significant difficulty or expense.
Filing an Employment Discrimination Complaint with the
EEOC
An applicant or employee who believes that he or she
has been subjected to discrimination on the basis of
having HIV/AIDS should file a complaint with the Equal
Employment Opportunity Commission (EEOC) within 180
days (or in many states 300 days) of when the
discrimination occurred.
For technical assistance on employment discrimination
or to file a complaint of employment discrimination,
contact the EEOC at 800-669-4000 (Voice) or
800-669-6820 (TTY) or visit www.eeoc.gov.
BUSINESS AND NONPROFIT SERVICE
ORGANIZATIONS
The ADA prohibits discrimination by public
accommodations, which include businesses and
nonprofit service organizations that provide goods or
services to the public, such as restaurants, hotels,
theaters, doctors’ offices, dentists’ offices, hospitals,
retail stores, health clubs, museums, libraries, private
schools, and day care centers.
Public accommodations generally:
— Must give a person with a disability an equal
opportunity to use or enjoy the entity’s goods, services,
and facilities.
— Must make reasonable modifications in policies,
practices, or procedures when necessary to afford goods
and services to individuals with disabilities, unless the
public accommodation can demonstrate that making
such modifications would fundamentally alter the nature
of the goods and services.
— Must provide auxiliary aids and services when
necessary to ensure that communication with individuals
with disabilities is as effective as with others, unless the
public accommodation can demonstrate that providing
such aids and services would fundamentally alter the
nature of the goods and services being offered or would
result in an undue burden.
—- Must ensure that no individual with a disability is
screened out, denied the opportunity to participate,
segregated, or otherwise treated differently than other
individuals, unless doing so is necessary for the
provision of goods or services or necessary for safe
operation.
STATE AND LOCAL GOVERNMENTS
The ADA applies to all State and local government
programs, services, and activities. State and local
governments include a wide range of entities and
The ADA and HIV/AIDS
services, such as public schools, county hospitals,
emergency responders, and county recreation centers.
State and local governments generally must reasonably
modify their policies, practices, and procedures when
necessary to avoid discrimination unless doing so
would fundamentally alter the service, program, or
activity; must provide auxiliary aids and services when
necessary to ensure that communication with people
with disabilities is as effective as with others, unless
doing so would fundamentally alter the nature of the
program, service or activity or would result in an undue
burden; and must make programs, services, and
activities equally available to individuals with
disabilities.
Health Care Providers
A health care provider, whether public or private:
— May not generally refer a patient with HIV/AIDS to
another provider simply because the person has HIV/
AIDS.
— May refer a person who requests or requires
treatment or services outside the provider’s area of
expertise and such referrals are routinely made.
Exclusion of Individuals with HIV/AIDS
A public or private entity may not exclude a person with
HIV/AIDS from participation in an activity if that
individual's participation would result in a “direct
threat” to the health or safety of others. A direct threat
is a significant risk to the health or safety of others that
cannot be eliminated by a modification to policies,
practices, or procedures or by the provision of
appropriate auxiliary aids or services. The
determination that a person poses a direct threat to the
health or safety of others must be an individualized
assessment based on reasonable judgment that relies
on current medical knowledge or the best available
objective evidence.
Entities may also impose necessary legitimate safety
requirements, but must ensure that such requirements
are based on actual risks, not on mere speculation,
stereotypes, or generalizations about a person with HIV
or AIDS.

The Americans with Disabilities Act authorizes
the Department of Justice (the Department) to
provide technical assistance to individuals and
entities that have rights or responsibilities under
the Act. This document provides informal
guidance to assist you in understanding the ADA
and the Department's regulations.
This guidance document is not intended to be a
final agency action, has no legally binding effect,
and may be rescinded or modified in the
Department’s complete discretion, in accordance
with applicable laws. The Department’s guidance
documents, including this guidance, do not
establish legally enforceable responsibilities
beyond what is required by the terms of the
applicable statutes, regulations, or binding
judicial precedent.