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Asymptomatic HIV as a Disability

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The United States Supreme Court, in a 5-4 ruling, has held that persons suffering from asymptomatic (no symptoms) HIV infection are protected by the ADA. In Bragdon v. Abbott, No. 97-156, U.S. Supreme Court (6/25/98), the court reached this conclusion after a determination that a female patient diagnosed with HIV infection was "disabled" within the meaning of the ADA, as the impairment substantially limited the patient's ability to reproduce. In this case, a dentist refused to treat the woman unless she agreed to be hospitalized. The woman had a cavity that needed to be filled. The ruling applied Title III of the ADA, which prohibits discrimination against disabled individuals in the full enjoyment of "good, services, facilities, privileges, advantages or accommodations of any public place."

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