Analyzing HIV Discrimination Under the American with Disabilities Act

This case study examines the application of the American with Disabilities Act (ADA) to cases involving discrimination based on HIV status. According to the ADA, a person with a physical or mental impairment that substantially limits one or more major life activities is considered disabled. The act specifically lists conditions like HIV infection as disabilities, providing federal civil rights protections against discrimination in employment, healthcare, public accommodation, transportation, and state and local government services. The ADA also protects individuals who are perceived to be HIV-positive, even if they are not. The analysis highlights that the ADA aims to ensure equal opportunities for individuals with disabilities, safeguarding them from unfair treatment based on their condition or perceived condition. Desklib offers similar solved assignments and study resources for students.

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Table of Contents
American with disability act (ADA)..........................................................................................2
Referencing................................................................................................................................4

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American with disability act (ADA)
As per American with disability act ( ADA) a person is said to be disable that has some form
of physical or mental damage that majorly confines one or more most important life activity
(Banks,2014).
Such disability condition are listed below
 Deafness
 Blindness
 Diabetes
 Cancer
 HIV infection
 Schizophrenia
 Obsessive-compulsive disorder
 Post-traumatic stress disorder
 Bipolar disorder
 Muscular Sclerosis
 Cerebral palsy
 Autism
 Intellectual disabilities
 Mobility impairment requiring the use of the use of a wheel chair
However following impairment are not considered as Disability under the ADA Act such
impairment includes
 Homosexuality and bisexuality
 Compulsive gambling

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 Paedophilia
 Gender identity disorders not resulting from physical impairment
 General personality traits.
In the given case study, American disability act (ADA) has mention HIV as the
disability. The ADA provides Federal civil right for the protection of individual with
infirmities related to those given on the ground of race, Colour, Sex, country source, age and
religion. This act provide assurance that balance opportunity should be given to the person
who suffers from the disability in the field of employment, health treatment , public
accommodation, transportation , state and local government (Gostin, L.O., 2015).
Persons who are differentiated against because they are viewed as being HIV-Positive are
also protected. For instance, the ADA would defend a person who is deprived of a
professional authorisation or admission to a school or hospital on the ground of rumour or
supposition that he has HIV or AIDS, but in reality he does not have.

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Referencing
Banks, J., 2014. Barriers and supports to postsecondary transition: Case studies of African
American students with disabilities. Remedial and Special Education, 35(1), pp.28-39.
Gostin, L.O., 2015. The Americans with Disabilities Act at 25: the highest expression of
American values. Jama, 313(22), pp.2231-2235.
Ringlaben, R., Bray, M. and Packard, A., 2014. Accessibility of American university special
education departments’ web sites. Universal Access in the Information Society, 13(2),
pp.249-254.