The Americans with Disabilities Act
and Persons with HIV/AIDS

U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Index

I.   Introduction

1. What is the ADA?
   
   
2. Are people with HIV or AIDS protected by the ADA?

1. What employers are covered by the ADA?
   
   
2. What employment practices are covered by the ADA?
   
   
3. Who is protected by the employment provisions of the ADA?
   
   
4. What is an "essential function" of the job?
   
   
5. What is a "reasonable accommodation"?
   
   
6. Does an employer always have to provide a needed reasonable accommodation?
   
   
7. When is an employer required to make a reasonable accommodation?
   
   
8. What if an employer has concerns about an applicant's ability to do the job in the future?
   
   
9. Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee who has HIV/AIDS?
   
   
10. When can an employer inquire into an applicant's or employee's HIV status?
    
    
11. What obligations does an employer have if an employee discloses his or her HIV status?
    
    
12. What obligations does an employer have to provide health insurance to employees with HIV/AIDS?
    
    
13. What can an applicant or employee do if he or she believes that he or she is being discriminated against on the basis of his or her HIV status?
    
    

1. What is a public accommodation?
   
   
2. What constitutes discrimination?
   
   
3. What types of changes in policies, practices, or procedures would a public accommodation have to make to ensure equal access to persons with HIV/AIDS?
   
   
4. Are health care providers required to treat all persons with HIV/AIDS, regardless of whether the treatment being sought is within the provider's area of expertise?
   
   
5. What types of communication aids and services would a public accommodation be required to provide to persons with HIV/AIDS?
   
   
6. Can a public accommodation charge for reasonable modifications in its policies, practices, or procedures, or for the provision of communication aids and services?
   
   
7. Can a public accommodation exclude a person with HIV/AIDS because that person allegedly poses a direct threat to the health and safety of others?
   
   
8. What types of physical barriers to access is a public accommodation required to remove? Why is this important to persons with HIV/AIDS?
   
   
9. What can a person do if he or she is being discriminated against by a place of public accommodation on the basis of his or her HIV status?

1. Does the ADA also prohibit State and local governments from discriminating against persons with HIV/AIDS?
   
   
2. What can a person do if he or she is being discriminated against by a State or local government on the basis of his or her HIV status?
   
   

1. What is a relay service?
   
   
2. Does the ADA prohibit discrimination in the sale, rental, and other terms of housing?
   
   
3. Does the ADA prohibit discrimination by airlines?
   
   

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