Abbott, AIDS, and the ADA: Why a per se Disability Rule for HIV/AIDS is Both Just and a Must

17 Pages Posted: 9 Sep 2012

Date Written: January 1, 2008

Abstract

HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that courts may refuse to classify those otherwise not interested in or capable of reproduction, arguably including homosexuals, as falling beyond the scope of the ADA's protection.

Keywords: ADA, per se, AIDS, HIV, major life activity

Suggested Citation

Skinner-Thompson, Scott, Abbott, AIDS, and the ADA: Why a per se Disability Rule for HIV/AIDS is Both Just and a Must (January 1, 2008). Duke Journal of Gender Law & Policy, Vol. 15, No. 1, 2008. Available at SSRN: https://ssrn.com/abstract=2143936

Scott Skinner-Thompson (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States
(303) 735-5294 (Phone)

HOME PAGE: http://lawweb.colorado.edu/profiles/profile.jsp?id=818

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