Date: Thu, 25 Jun 1998 16:19:03 -0400 From: NGLTF Subject: TASK FORCE HERALDS SUPREME COURT ADA DECISION ==================================================== PRESS RELEASE ==================================================== NATIONAL GAY AND LESBIAN TASK FORCE 2320 17th Street NW - Washington, DC 20009-2702 http://www.ngltf.org Contact: Tracey Conaty, Communications Director 202-332-6483 x3303 800-757-6476 Pager tconaty@ngltf.org TASK FORCE HERALDS SUPREME COURT ADA DECISION AS IMPORTANT STEP AGAINST HIV DISCRIMINATION "Today the Supreme Court sent the message that HIV discrimination is unacceptable." Kerry Lobel, NGLTF executive director WASHINGTON, DC---June 25, 1998---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. -30- The National Gay and Lesbian Task Force has worked to eliminate prejudice, violence and injustice against gay, lesbian, bisexual and transgendered people at the local, state and national level since its inception in 1973. As part of a broader social justice movement for freedom, justice and equality, NGLTF is creating a world that respects and celebrates the diversity of human expression and identity where all people may fully participate in society. _________________________________________ This message was issued by the National Gay and Lesbian Task Force Media Department. If you have any questions regarding this post, please direct them to one of the contacts at the top of this message If you wish to UNSUBSCRIBE from this list, please send an email with "UNSUBSCRIBE PRESSLIST" in the subject and body of your email message to .