Press

Today, the U.S. Supreme Court ruled that certain persons with HIV, even without symptoms, are protected under the Americans with Disabilities Act (ADA). The National Gay and Lesbian Task Force (NGLTF) heralded this decision as a significant victory for people with HIV and an important first step in including all people with HIV under the ADA.

"Today the Supreme Court sent the message that HIV discrimination is unacceptable. This decision is an extremely important first step in eradicating discrimination against all people with HIV. It sets the foundation for courts to apply the ADA more inclusively in the future," said Kerry Lobel, NGLTF executive director. "We hope that this ruling acts as a deterrent to future incidents of HIV discrimination," added Lobel.

Abbott v. Bragdon involved a dentist who refused to operate on a patient in his office for fear of contracting HIV. The patient, Sidney Abbott, had asymptomatic HIV. The Americans with Disabilities Act requires that a plaintiff have a disability which substantially limits a major life activity.

Abbott argued that as a result of her HIV status she was unable to reproduce without serious health consequences. The Court agreed that HIV did substantially limit her ability to reproduce and that reproduction does qualify as a major life activity. Major life activities include, among other things, breathing, walking, working, and eating. This decision may not specifically include everyone with asymptomatic HIV. However, combined with lower court precedent, it does bode well for future explicit inclusion under the ADA of all people with asymptomatic HIV.

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The mission of the National Gay and Lesbian Task Force is to build the political power of the lesbian, gay, bisexual and transgender (LGBT) community from the ground up. We do this by training activists, organizing broad-based campaigns to defeat anti-LGBT referenda and advance pro-LGBT legislation, and by building the organizational capacity of our movement. Our Policy Institute, the movement’s premier think tank, provides research and policy analysis to support the struggle for complete equality and to counter right-wing lies. As part of a broader social justice movement, we work to create a nation that respects the diversity of human expression and identity and creates opportunity for all. Headquartered in Washington, D.C., we also have offices in New York City, Los Angeles, Miami, Minneapolis and Cambridge.