The ADA and Persons with HIV/AIDS

Web Posted on: December 18, 1997

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U.S. Department of Justice
Civil Rights Division
Disability Rights Section

QUESTIONS AND ANSWERS:
THE AMERICANS WITH DISABILITIES ACT
AND PERSONS WITH HIV/AIDS

I. Introduction

1. Q: What is the ADA?

A: The Americans with Disabilities Act (ADA) gives federalcivil rights protections to individuals with disabilities similarto those provided to individuals on the basis of race, color,sex, national origin, age, and religion. It guarantees equalopportunity for individuals with disabilities in publicaccommodations, employment, transportation, State and localgovernment services, and telecommunications.

2. Q: Are people with HIV or AIDS protected by the ADA?

A: Yes. An individual is considered to have a"disability" if he or she has a physical or mentalimpairment that substantially limits one or more major lifeactivities, has a record of such an impairment, or is regarded ashaving such an impairment. Persons with HIV disease, bothsymptomatic and asymptomatic, have physical impairments thatsubstantially limit one or more major life activities and are,therefore, protected by the law.

Persons who are discriminated against because they areregarded as being HIV-positive are also protected. For example, aperson who was fired on the basis of a rumor that he had AIDS,even if he did not, would be protected by the law.

Moreover, the ADA protects persons who are discriminatedagainst because they have a known association or relationshipwith an individual who is HIV-positive. For example, the ADAwould protect an HIV-negative woman who was denied a job becauseher roommate had AIDS.

II. Employment

1. Q: What employers are covered by the ADA?

A: The ADA prohibits discrimination by all private employerswith 15 or more employees. In addition, the ADA prohibits allpublic entities, regardless of the size of their work force, fromdiscriminating in employment against qualified individuals withdisabilities.

2. Q: What employment practices are covered by the ADA?

A: The ADA prohibits discrimination in all employmentpractices. This includes not only hiring and firing, but jobapplication procedures (including the job interview), jobassignment, training, and promotions. It also includes wages,benefits (including health insurance), leave, and all otheremployment-related activities. Examples of employmentdiscrimination against persons with HIV/AIDS would include:

- An automobile manufacturing company that had a blanketpolicy of refusing to hire anyone infected with the AIDS virus.

- An airline that extended an offer to a job applicant andthen rescinded the offer when, after the applicant took an HIVtest as part of the airline’s required medical examination,the applicant tested positive for HIV.

- A restaurant that fired a waitress after learning that thewaitress had HIV.

- A university that fired a physical education instructorafter learning that the instructor’s boyfriend had AIDS.

- A company that contracted with an insurance company that hada cap on health insurance benefits provided to employees forHIV-related complications, but not on other health insurancebenefits.

3. Q: Who is protected by the employment provisions of theADA?

A: The ADA prohibits employment discrimination againstqualified individuals with disabilities. A "qualifiedindividual with a disability" is a person who meetslegitimate skill, experience, education, or other requirements ofan employment position he or she holds or seeks, and who canperform the "essential functions" of the position withor without reasonable accommodation.

4. Q: What is an "essential function" of the job?

A: Essential functions of the job are those core duties thatare the reason the job position exists. For example, an essentialfunction of a typist’s position is the ability to type; anessential function of a bus driver’s position is the abilityto drive.

Requiring the ability to perform "essential"functions assures that an individual with a disability will notbe considered unqualified because of his or her inability toperform marginal or incidental job functions.

5. Q: What is a "reasonable accommodation"?

A: A "reasonable accommodation" is any modificationor adjustment to a job, the job application process, or the workenvironment that will enable a qualified applicant or employeewith a disability to perform the essential functions of the job,participate in the application process, or enjoy the benefits andprivileges of employment. Examples of "reasonableaccommodations" include: making existing facilities readilyaccessible to and usable by employees with disabilities;restructuring a job; modifying work schedules; acquiring ormodifying equipment; and reassigning a current employee to avacant position for which the individual is qualified.

For example:

- An HIV-positive accountant required two hours off,bimonthly, for visits to his doctor. He was permitted to takelonger lunch breaks and to make up the time by working later onthose days.

- A supermarket check-out clerk with AIDS had difficultystanding for long periods of time. Her employer provided her witha stool so that she could sit down at the cash register whennecessary.

- A secretary with AIDS needed to take frequent rest breaksduring her work day. Her boss allowed her to take as many breaksas she needed throughout the day, so long as she completed herwork before going home each evening.

- A machine operator required time off from work during hishospitalization with pneumocystis carinii pneumonia. He hadalready used up all his sick leave. His employer allowed him toeither take leave without pay, or to use his accrued vacationleave.

- An HIV-positive computer programmer suffered bouts of nauseacaused by his medication. His employer allowed him to work athome on those days that he found it too difficult to come intothe office. His employer provided him with the equipment(computer, modem, fax machine, etc.) necessary for him to work athome.

- An HIV-positive newspaper editor who tired easily fromwalking began to use an electric scooter to get around. Hisemployer installed a ramp at the entrance to the building inwhich the editor worked so that the editor could use his scooterat the office.

6. Q: Does an employer always have to provide a neededreasonable accommodation?

A: An employer is not required to make an accommodation if itwould impose an undue hardship on the operation of the business.An undue hardship is an action that requires "significantdifficulty or expense" in relation to the size of theemployer, the resources available, and the nature of theoperation. Determination as to whether a particular accommodationposes an undue hardship must be made on a case-by-case basis.

Customer or co-worker attitudes are not relevant. Thepotential loss of customers or co-workers because an employee hasHIV/AIDS does not constitute an undue hardship.

An employer is not required to provide an employee’sfirst choice of accommodation. The employer is, however, requiredto provide an effective accommodation, i.e., an accommodationthat meets the individual’s needs.

7. Q: When is an employer required to make a reasonableaccommodation?

A: An employer is only required to accommodate a"known" disability of a qualified applicant oremployee. Thus, it is the employee’s responsibility to tellthe employer that he or she needs a reasonable accommodation. Ifthe employee does not want to disclose that he or she has HIV orAIDS, it may be sufficient for the employee to say that he or shehas an illness or disability covered by the ADA, that the illnessor disability causes certain problems with work, and that theemployee wants a reasonable accommodation. However, an employercan require medical documentation of the employee’sdisability and the limitations resulting from that disability.

8. Q: What if an employer has concerns about anapplicant’s ability to do the job in the future?

A: Employers cannot choose not to hire a qualified person nowbecause they fear the worker will become too ill to work in thefuture. The hiring decision must be based on how well theindividual can perform now. In addition, employers cannot decideto not hire qualified people with HIV or AIDS because they areafraid of higher medical insurance costs, worker’scompensation costs, or absenteeism.

9. Q: Can an employer consider health and safety when decidingwhether to hire an applicant or retain an employee who hasHIV/AIDS?

A: Yes, but only under limited circumstances. The ADA permitsemployers to establish qualification standards that will excludeindividuals who pose a direct threat -- i.e., a significant riskof substantial harm -- to the health or safety of the individualor of others, if that risk cannot be eliminated or reduced belowthe level of a "direct threat" by reasonableaccommodation. However, an employer may not simply assume that athreat exists; the employer must establish through objective,medically supportable methods that there is a significant riskthat substantial harm could occur in the workplace. By requiringemployers to make individualized judgments based on reliablemedical or other objective evidence -- rather than ongeneralizations, ignorance, fear, patronizing attitudes, orstereotypes -- the ADA recognizes the need to balance theinterests of people with disabilities against the legitimateinterests of employers in maintaining a safe workplace.

Transmission of HIV will rarely be a legitimate "directthreat" issue. It is medically established that HIV can onlybe transmitted by sexual contact with an infected individual,exposure to infected blood or blood products, or perinatally froman infected mother to infant during pregnancy, birth, or breastfeeding. HIV cannot be transmitted by casual contact. Thus, thereis little possibility that HIV could ever be transmitted in theworkplace.

For example:

- A superintendent may believe that there is a risk ofemploying an individual with HIV disease as a schoolteacher.However, there is little or no likelihood of a direct exchange ofbody fluids between the teacher and her students, and thus,employing this person would not pose a direct threat.

- A restaurant owner may believe that there is a risk ofemploying an individual with HIV disease as a cook, waiter orwaitress, or dishwasher, because the employee might transmit thedisease through the handling of food. However, HIV and AIDS arespecifically not included on the Centers for Disease Control andPrevention ("CDC") list of infectious and communicablediseases that are transmitted through the handling of food. Thus,there is little or no likelihood that employing persons withHIV/AIDS in food handling positions would pose a risk oftransmitting HIV.

- A fire chief may believe that an HIV-infected firefightermay pose a risk to others when performing mouth-to-mouthresuscitation. However, current medical evidence indicates thatHIV cannot be transmitted by the exchange of saliva. Thus, thereis little or no likelihood that an HIV-infected firefighter wouldpose a risk to others.

Having HIV or AIDS, however, might impair an individual’sability to perform certain functions of a job, thus causing theindividual to pose a direct threat to the health or safety of theindividual or others.

For example:

- A worker who operates heavy machinery and who has beensuffering from dizzy spells caused by the medication he is takingmight pose a direct threat to his or someone else’s safety.If no reasonable accommodation is available (e.g., an openposition to which the employee could be reassigned), the employerwould not violate the ADA by laying the worker off.

- An airline pilot who is experiencing bouts of dementia wouldpose a direct threat to herself and her passengers’ safety.It would not violate the ADA if the airline prohibited her fromflying.

As noted above, the direct threat assessment must be anindividualized assessment. Any blanket exclusion -- for example,refusing to hire persons with HIV/AIDS because of the attendanthealth risks -- would probably violate the ADA as a matter oflaw.

10. Q: When can an employer inquire into an applicant’sor employee’s HIV status?

A: An employer may not ask or require a job applicant to takea medical examination before making a job offer. It cannot makeany pre-offer inquiry about a disability or the nature orseverity of a disability. An employer may, however, ask questionsabout the ability to perform specific job functions.

Thus, for example, the owner of an outdoor cafe could not askan individual with KS lesions who was applying for the positionof a waiter whether the applicant had AIDS. The owner could,however, ask the applicant whether he can be in the sun forextended periods of time.

An employer may condition a job offer on the satisfactoryresult of a post-offer medical examination or medical inquiry ifthis is required of all entering employees in the same jobcategory. However, if an individual is not hired because apost-offer medical examination or inquiry reveals a disability,the reason(s) for not hiring must be job-related and consistentwith business necessity. HIV-positive status alone, without someaccompanying complication (e.g., dementia, loss of vision, etc.)can almost never be the basis for a refusal to hire after apost-offer medical examination.

After a person starts work, a medical examination or inquiryof an employee must be job-related and consistent with businessnecessity. Employers may conduct employee medical examinationswhere there is evidence of a job performance or safety problem,when examinations are required by other Federal laws, whenexaminations are necessary to determine current"fitness" to perform a particular job, and/or wherevoluntary examinations are part of employee health programs. Forexample, an employer could not ask an employee who had lesions onhis face or who had recently lost a significant amount of weight,but whose job performance had not changed in any way, whether theemployee had AIDS. An employer could, however, require anemployee who was experiencing frequent dizzy spells, and whosework was suffering as a result, to undergo a medical examination.

11. Q: What obligations does an employer have if an employeediscloses his or her HIV status?

A: The ADA requires that medical information be keptconfidential. This information must be kept apart from generalpersonnel files as a separate, confidential medical recordavailable only under limited conditions.

12. Q: What obligations does an employer have to providehealth insurance to employees with HIV/AIDS?

A: The ADA prohibits employers from discriminating on thebasis of disability in the provision of health insurance to theiremployees and/or from entering into contracts with healthinsurance companies that discriminate on the basis of disability.Insurance distinctions that are not based on disability, however,and that are applied equally to all insured employees, do notdiscriminate on the basis of disability and do not violate theADA.

Thus, for example, blanket pre-existing condition clauses thatexclude from the coverage of a health insurance plan thetreatment of all physical conditions that predate anindividual’s eligibility for benefits are not distinctionsbased on disability and do not violate the ADA. A pre-existingcondition clause that excluded only the treatment of HIV-relatedconditions, however, is a disability-based distinction and wouldlikely violate the ADA.

Similarly, a health insurance plan that capped benefits forthe treatment of all physical conditions at $50,000 per year doesnot make disability-based distinctions and does not violate theADA. A plan that capped benefits for the treatment of allphysical conditions, except AIDS, at $50,000 per year, and cappedthe treatment for AIDS-related conditions at $10,000 per yeardoes distinguish on the basis of disability and probably violatesthe ADA.

13. Q: What can an applicant or employee do if he or shebelieves that he or she is being discriminated against on thebasis of his or her HIV status?

A: An applicant or employee who believes that he or she is thevictim of HIV discrimination should first try to explain to hisor her employer what the ADA requires. If the issue is notresolved satisfactorily, the employee may file a complaint withthe nearest Equal Employment Opportunity Commission office. Thecomplaint must be filed within 180 days of when thediscrimination occurred. The EEOC will investigate the complaintand either act to correct the problem or give the employee a"right to sue" letter. The right to sue letter permitsthe employee to sue the employer directly. The employee may beentitled to the job he or she was denied, back pay, benefits, orother compensatory and punitive damages.

For more information about the ADA’s employmentrequirements, please call the Equal Employment OpportunityCommission at (800)669-4000 (voice) or (800)669-6820 (TDD).

III. Public Accommodations

1. Q: What is a public accommodation?

A: A public accommodation is a private entity that owns,operates, leases, or leases to a place of public accommodation.Places of public accommodation include a wide range of entities,such as restaurants, hotels, theaters, doctors’ offices,dentists’ offices, hospitals, retail stores, health clubs,museums, libraries, private schools, and day care centers.Private clubs and places run by religious organizations are notconsidered places of public accommodation.

2. Q: What constitutes discrimination?

A: Discrimination is the failure to give a person with adisability the equal opportunity to use or enjoy the publicaccommodation’s goods, services, or facilities. Examples ofADA violations would include:

- A dentist who categorically refused to treat all personswith HIV/AIDS.

- A moving company that refused to move the belongings of aperson who had AIDS, or that refused to move the belongings of aperson whose neighbor had AIDS.

- A health club that charged extra fees to persons who wereHIV-positive, or that prohibited HIV-positive members from usingthe steam room or sauna, or that limited the hours during whichHIV-positive members could use the club’s facilities.

- A day care center that categorically refused admission toHIV-positive children or the children of HIV-positive mothers.

- A funeral home that refused to provide funeral services fora person who died from AIDS-related complications.

- A building owner who refused to lease space to anot-for-profit organization that provided services to personsliving with HIV/AIDS.

The ADA also requires public accommodations to take steps toensure that persons with disabilities have equal access to theirgoods and services. For example, the ADA requires publicaccommodations to make reasonable changes in their policies,practices, and procedures; to provide communication aids andservices; and to remove physical barriers to access when it isreadily achievable to do so.

3. Q: What types of changes in policies, practices, orprocedures would a public accommodation have to make to ensureequal access to persons with HIV/AIDS?

A: Even though a public accommodation may not intend todiscriminate against persons with HIV/AIDS, its customary way ofdoing business may unintentionally exclude persons with HIV/AIDSor provide them with lesser services. If reasonable modificationsin the business’ policies, practices, or procedures wouldrectify the problem, the public accommodation would be requiredto make those changes.

For example:

- A hotel does not allow pets. It would be a reasonablemodification of the hotel’s policy to allow a person who haslost his vision from cytomegalovirus retinitis (CMV), anAIDS-related illness, to have his guide dog stay with him in thehotel.

- A pharmacy requires customers to stand in line to be served.A person with AIDS finds it too tiring to stand in line. It wouldbe a reasonable modification of the pharmacy’s procedures toallow the person to announce her presence and/or take a numberand then sit down until her prescription is filled. It would alsobe a reasonable modification if the pharmacy provided curbsideservice and/or home delivery.

4. Q: Are health care providers required to treat all personswith HIV/AIDS, regardless of whether the treatment being soughtis within the provider’s area of expertise?

A: No. A health care provider is not required to treat aperson who is seeking or requires treatment or services outsidethe provider’s area of expertise. However, a health careprovider cannot simply refer a patient with HIV/AIDS to anotherprovider simply because the patient has HIV/AIDS. The referralmust be based on the treatment the patient is seeking, not thepatient’s HIV status alone.

For example:

- An HIV-positive individual suffers a severe allergic drugreaction while on vacation and goes to the nearest emergencyroom. The hospital routinely treats people suffering fromallergic drug reactions. Sending the patient to another hospitalthat allegedly has an "AIDS unit" would violate theADA.

- An HIV-positive individual is in a car accident and sufferssevere third degree burns. He is taken to the nearest hospital,which does not have a burn unit. Sending the patient to anotherhospital that has a burn unit would not violate the ADA.

- A person with AIDS goes to the dentist for a teeth cleaning.The dentist refers her to another dentist because the dentistclaims he is "not equipped" to treat persons with AIDS.Because there is no special equipment necessary for providingroutine dental care to persons with HIV/AIDS, this"referral" would violate the ADA.

- A person with AIDS goes to the dentist because she has anoral lesion on the roof of her mouth. The dentist tells thepatient that she has a lesion that the dentist is not able toidentify and does not know how to treat. The dentist refers thepatient to an oral surgeon for diagnosis and treatment of thelesion, with the understanding that the patient will return tothe dentist for the provision of routine dental care. This wouldnot violate the ADA.

5. Q: What types of communication aids and services would apublic accommodation be required to provide to persons withHIV/AIDS?

A: A public accommodation is required to provide auxiliaryaids and services where necessary to ensure effectivecommunication with individuals with disabilities, unless an undueburden (i.e., a significant difficulty or expense) or fundamentalalteration would result. Thus, if a person with HIV or AIDS hasan impairment -- such as a vision, hearing, or speech impairment-- that substantially limits his or her ability to communicate,the public accommodation must provide auxiliary aids or servicesthat will ensure equal access to the goods, services, orfacilities that the public accommodation offers. The impairmentcan be one that the person has had from birth, or one that hasrecently developed as a result of an AIDS-related complication.

The type of auxiliary aid or service necessary to ensureeffective communication will vary in accordance with the lengthand complexity of the communication involved. Some examples ofauxiliary aids and services are -- exchanging written notes,typing back and forth on a computer, providing a qualified signlanguage interpreter, or having a telecommunication device fordeaf persons (TDD) for customers with hearing impairments;reading aloud, providing large print, audiotapes, or braillematerials, or locating merchandise for customers with visionimpairments; and using TDD’s or computer terminals forpersons with speech impairments.

For example:

- A person who was born deaf and uses American Sign Languageas his primary means of communication goes to his physician toreceive the results of his HIV test. The test results have comeback positive. The physician may be required to obtain and payfor a sign language interpreter, as the communication between thephysician and his patient is likely to be lengthy and complex andmay only be effective if a sign language interpreter is provided.

- A person with AIDS has recently lost his vision as a resultof an AIDS-related complication. It would be appropriate for arestaurant waiter to read aloud the contents of the menu.

6. Q: Can a public accommodation charge for reasonablemodifications in its policies, practices, or procedures, or forthe provision of communication aids and services?

A: No. A public accommodation may not impose a surcharge on aparticular individual with a disability or any group ofindividuals with disabilities to cover the costs necessary toprovide nondiscriminatory treatment.

For example:

- A law firm routinely prepares wills and trusts. A woman withAIDS who recently has suffered vision loss requests that the firmdraft her will and guardianship papers, and requests that thefirm provide her with all drafts of her documents in large print.The law firm cannot charge the woman extra for preparing thedocuments in large print.

7. Q: Can a public accommodation exclude a person withHIV/AIDS because that person allegedly poses a direct threat tothe health and safety of others?

A: In almost every instance, the answer to this question isno. Persons with HIV/AIDS will rarely, if ever, pose a directthreat in the public accommodations context.

A public accommodation may exclude an individual with adisability from participation in an activity, if thatindividual’s participation would result in a direct threatto the health or safety of others. "Direct threat,"however, is defined as a "significant risk to the health orsafety of others" that cannot be eliminated or reduced to anacceptable level by reasonable modifications to the publicaccommodation’s policies, practices, or procedures, or bythe provision of appropriate auxiliary aids or services. Thedetermination that a person poses a direct threat to the healthor safety of others may not be based on generalizations orstereotypes about the effects of a particular disability; it mustbe based on an individual assessment that considers theparticular activity and the actual abilities and disabilities ofthe individual. The individual assessment must be based onreasonable judgment that relies on current medical evidence.

For example:

- A restaurant’s refusal to admit an individual with AIDSwould violate the ADA, because HIV cannot be transmitted throughthe casual contact typical among restaurant patrons.

- A gynecologist’s refusal to treat an HIV-positive womanwould be a violation. Health care providers are required to treatall persons as if they are infectious for HIV and otherbloodborne pathogens, and must use universal precautions (gloves,mask, gown, etc.) to protect themselves from the transmission ofinfectious diseases. Failure to treat a person who acknowledgesher HIV-positive status would be a violation, because so long asthe physician utilizes universal precautions, it is safe to treatpersons with HIV/AIDS.

- A day care center’s refusal to admit a child who isHIV-positive, because of the fear that the child might bite andmight therefore transmit HIV to other children, is also aviolation. It is incorrect to assume that all young childrenbite. Moreover, current medical evidence indicates that HIV isnot transmitted by saliva. Even if an HIV-positive child were tobite another child, the only bodily fluid that would betransmitted from the infected child to the non-infected childwould be saliva.

- A health club’s revocation of an HIV-positiveperson’s membership, because of the fear that the person maytransmit the virus through the sweat he leaves on the club’sweight machines, also violates the ADA. There is no evidence thatHIV can be transmitted by sweat.

8. Q: What types of physical barriers to access is a publicaccommodation required to remove? Why is this important topersons with HIV/AIDS?

A: Persons with HIV or AIDS may find that they have lessstrength to open doors, or may tire more easily when walking orclimbing stairs. They may use a wheelchair, electric scooter, orother device for mobility purposes. The ADA’s barrierremoval requirements address these situations.

The ADA requires that public accommodations remove allphysical barriers to access in their existing facilities, whereit is "readily achievable" to do so. "Readilyachievable" means "easily accomplishable and able to becarried out without much difficulty or expense."

Examples of barrier removal may include installing ramps,making curb cuts in sidewalks and entrances, rearrangingfurniture, widening doors, installing accessible door hardware,and installing grab bars in toilet stalls. The obligation toengage in readily achievable barrier removal is a continuing one.

The ADA requires that all newly constructed places of publicaccommodation be readily accessible to and usable by individualswith disabilities. The ADA also requires that all alterationsmade to existing facilities be readily accessible to and usableby individuals with disabilities.

9. Q: What can a person do if he or she is being discriminatedagainst by a place of public accommodation on the basis of his orher HIV status?

A: A person who believes that he or she is being discriminatedagainst should first try to educate the manager or owner of thepublic accommodation about what the ADA requires. The personshould suggest reasonable policy changes that will provide equalaccess, request a communication aid, or ask that a barrier beremoved. An individual may also wish to seek out mediationservices provided by community or private mediation services. Ifthe situation is not resolved satisfactorily, a complaint may befiled with the Department of Justice.

The Department of Justice is authorized to investigatecomplaints and to bring lawsuits in cases of general publicimportance, or where there is a "pattern or practice"of discrimination. Due to resource limitations, the Department isunable to investigate every complaint. The Department may seekinjunctive relief (i.e., having the public accommodation correctits discriminatory practices), money damages, and civilpenalties. Complaints should be sent to the following address:

Disability Rights Section

Civil Rights Division

Department of Justice

P.O. Box 66738

Washington, D.C. 20035-6738

Individuals are also entitled to bring private lawsuits. If aperson files a private lawsuit, he or she may not seek moneydamages. However, the person may seek injunctive relief andattorney’s fees and costs.

IV. State and Local Governments

1. Q: Does the ADA also prohibit State and local governmentsfrom discriminating against persons with HIV/AIDS?

A: Yes. The ADA applies to all State and local governments,their departments and agencies, and any other instrumentalitiesor special purpose districts of State or local governments.

For example:

- A public school system may not prohibit an HIV-positivechild from attending elementary school.

- A county hospital may not refuse to treat persons withHIV/AIDS.

- A local police station must make sure that TDD users,including persons with HIV/AIDS, can call 911 and other emergencyphone numbers directly, without having to go through a relaysystem.

- A city emergency medical technician may not refuse totransport a person with AIDS.

- A state-owned nursing home may not refuse to accept patientswith HIV/AIDS.

- A county recreation center may not refuse admission to asummer camp program to a child whose brother has AIDS.

2. Q: What can a person do if he or she is being discriminatedagainst by a State or local government on the basis of his or herHIV status?

A: A person who believes he or she is being discriminatedagainst by a State or local government should first try toeducate officials involved about the ADA’s requirements.Individuals may also file a complaint with the Department ofJustice. Complaints must be filed within 180 days of when thediscrimination occurred. Complaints should be sent to thefollowing address:

U. S. Department of Justice

Civil Rights Division

Disability Rights Section

Post Office Box 66738

Washington, D.C. 20035-6738

Individuals are also entitled to bring private ADA lawsuitsagainst State and local governments nd seek injunctive relief,compensatory damages, and reasonable attorney’s fees.

V. Telecommunications, Housing, Air Transportation

1. Q: What is a relay service?

A: Telecommunications relay services bridge the gap betweenTDD users -- including persons with HIV/AIDS who have recentlyexperienced hearing loss -- and regular voice telephone users.The relay service enables persons who have TDD’s to carry ontelephone conversations with persons who do not, through use ofan intermediary person -- the relay operator. The relay operatorreads the TDD message to the person without the TDD and types theperson’s spoken message back to the TDD user.

The ADA requires the telephone industry to provide freetelephone relay service through 800 numbers. The relay servicemust be available twenty-four hours a day, seven days a week,without restrictions on the type, length, or number of calls madeby any relay user.

2. Q: Does the ADA prohibit discrimination in the sale,rental, and other terms of housing?

A: Housing discrimination is not covered by the ADA. However,the Fair Housing Amendments Act of 1988, which is primarilyenforced by the U.S. Department of Housing and Urban Development,prohibits housing discrimination against persons withdisabilities, including persons with HIV/AIDS. Persons whobelieve that they have been discriminated against in housingbecause of their HIV-positive status should contact their Stateor local government’s Fair Housing and Equal OpportunityOffice.

3. Q: Does the ADA prohibit discrimination by airlines?

A: Discrimination by air carriers in areas other thanemployment is not covered by the ADA, but rather, by the AirCarrier Access Act (ACAA). Persons who believe that they havebeen discriminated against by airlines because of theirHIV-positive status should contact the U.S. Department ofTransportation.

VI. Resources

The following section provides the telephone numbers offederal agencies providing information on the ADA, as well as thetelephone numbers of other federal agencies providing informationof interest to persons living with HIV/AIDS.

Department of Justice offers technical assistance onthe ADA Standards for Accessible Design and other ADA provisionsapplying to businesses, non-profit service agencies, and stateand local government programs; also provides information on howto file ADA complaints.

ADA Information Line for documents and questions

800-514-0301 (Voice) 800-514-0383 (TDD)

Electronic bulletin board 202-514-6193

DOJ World Wide Web Home Page http://www.usdoj.gov

Equal Employment Opportunity Commission offerstechnical assistance on the ADA provisions applying toemployment; also provides information on how to file ADAcomplaints.

Employment questions

800-669-4000 (Voice) 800-669-6820 (TDD)

Employment documents

800-669-3362 (Voice) 800-800-3302 (TDD)

Department of Transportation offers technicalassistance on ADA provisions applying to public transportationand air carrier access.

ADA documents and questions

202-366-1656 (Voice) 202-366-4567 (TDD)

ADA legal questions

202-366-1936 (Voice) TDD: use relay service

ADA complaints and enforcement

202-366-2285 (Voice) 202-366-0153 (TDD)

Electronic bulletin board 202-366-3764

Air Carrier Access Act questions

202-366-4859 (voice) TDD: use relay service

ACAA complaints and enforcement

202-267-5794 (voice) 202-267-9730 (TDD)

Federal Communications Commission offers technicalassistance on ADA telephone relay service requirements.

Relay service - documents and questions

202-418-0190 (voice) 202-418-2555 (TDD)

Relay service - legal questions

202-418-2357 (voice) 202-418-0484 (TDD)

Access Board, or Architectural and TransportationBarriers Compliance Board, offers technical assistance on theADA Accessibility Guidelines, and answers questions pertaining toaccess to federal facilities and post offices.

ADA documents and questions

800-872-2253 (voice) 800-993-2822 (TDD)

Electronic bulletin board 202-272-5448

Department of Education funds ten regional centers toprovide technical assistance on the ADA.

Disability & Business Technical Assistance Centers

800-949-4232 (voice/ TDD)

(call automatically connects to the closest center)

President’s Committee on Employment of People withDisabilities funds the Job Accommodation Network (JAN),which provides advice on accommodating employees withdisabilities.

Job Accommodation Network

800-526-7234 (voice/ TDD)

Internal Revenue Service provides information andpublications about tax code provisions including tax credits(section 44) and deductions (section 190) that can assistbusinesses in complying with the ADA.

Tax code information

800-829-1040 (voice) 800-829-4059 (TDD)

To order Publication 907

800-829-3676 (voice) 800-829-4059 (TDD)

Legal questions

202-622-3110 (voice) TDD: use relay service

Fair Housing Information Clearinghouse is run by the Departmentof Housing and Urban Development and provides informationconcerning issues of housing access.

Information and publications

800-343-3442 (voice) 800-483-2209 (TDD)

CDC National AIDS Clearinghouse provides comprehensiveHIV/AIDS information to health professionals, managers ofHIV/AIDS programs, educators, and information providers.

National AIDS hotline

800-342-AIDS (voice) 800-243-7889 (TDD)

800-344-SIDA (Spanish)

Clearinghouse services

800-458-5231 (voice) 800-243-7012 (TDD)

HIV/AIDS Statistics Info Line

404-332-4570

Food and Drug Administration provides informationconcerning the safety and efficacy of drugs, biologics, vaccines,and medical devices used in the diagnosis, treatment, andprevention of HIV infection, AIDS, and AIDS-associatedopportunistic infections.

Office of AIDS and Special Health Issues

301-443-0104

Bulletin Board System

800-222-0185

National AIDS Program Office of the U.S. PublicHealth Service provides information concerning the PublicHealth Service’s AIDS-related activities.

National AIDS Program Office

202-690-5471

Bulletin Board System

202-690-5423

This document is available in the following formats forpersons with disabilities --

- Braille

- Large print

- Audiocassette; and

- Electronic file on computer disk and electronic

bulletin board, (202) 514-6193.

To obtain these documents in alternate formats, call theDepartment of Justice ADA Information Line, (800) 514-0301(voice), (800) 514-0383 (TDD).

Note: Reproduction of this document is encouraged.

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