HIV as a Disability Under Antidiscrimination Law

The meaning and role of "disability" in the context of antidiscrimination law is quite different than in public and private disability benefits programs, which exist to provide benefits to individuals whose disabilities are of a nature or severity to preclude full-time employment. Under antidiscrimination laws such as the Americans with Disabilities Act (ADA), particularly as amended in 2008, the fact of a disability, including early HIV disease with no visible manifestations, is the basis for protection from discrimination against those who, while living with a disability, are otherwise able to work or participate in programs and services.

This Resource Bank category includes court decisions and briefs that address whether and when HIV is a covered disability under federal antidiscrimination law; general overviews of federal disability law as applied to HIV; and federal guidelines that discuss the interpretation of the ADA and the Rehabilitation Act of 1973 as relevant to coverage for people with HIV.