New DOJ guidance to civil rights of persons with HIV/AIDS

A new brochure from the US Department of Justice explains the rights of persons with HIV/AIDS under the Americans with Disabilities Act (ADA), and the requirements of the ADA for employers, businesses, non-profit agencies, and State and local governments.

It also explains where an individual can file complaints if they have been discriminated against in housing, employment, health care, or other public accommodations.

Read the brochure here.

Some excerpts:

Health Care Providers

A health care provider, whether public or private:

—May not refer a patient with HIV or AIDS to another provider simply because the person has HIV or AIDS.
—May refer a person who requests or requires treatment or services outside the provider’s area of expertise.

Exclusion of Individuals with HIV or AIDS

A public or private entity cannot exclude a person with HIV or AIDS unless that person poses a “direct threat” to the health or safety of others.A direct threat analysis must be individualized, finding a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level by reasonable modifications to policies, practices, or procedures.

HOUSING

The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities, including HIV or 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.

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