February 6, 2023

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On World AIDS Working day, Justice Department Highlights Attempts to Secure Civil Rights of People today Residing with HIV and AIDS | OPA

On Planet AIDS Day 2022, the Justice Department reaffirms its motivation to preserving the legal rights of persons living with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). Considering the fact that passage of the Us citizens with Disabilities Act (ADA) additional than 30 decades in the past, the department has worked vigorously to safeguard and advance the legal rights of the far more than a person million People dwelling with HIV and AIDS.

“The Section of Justice vigorously safeguards the legal rights of all Us citizens, such as persons dwelling with HIV and AIDS,” claimed Assistant Legal professional Common Kristen Clarke of the Justice Department’s Civil Legal rights Division. “On World AIDS Day, we reaffirm our motivation to using civil rights rules such as the Us residents with Disabilities Act, to deal with the illegal remedy of folks residing with HIV and AIDS and stem the spread of stereotypes and misinformation about the ailment.”

Above the previous calendar year, the Justice Department’s Civil Legal rights Division has prioritized the enforcement of the ADA to find equivalent opportunity for and beat discrimination against individuals dwelling with HIV and AIDS.

  • In Oct, the department issued a letter finding that a Pennsylvania county correctional facility violated the ADA by avoiding an inmate from functioning in the facility’s kitchen area for the reason that he has HIV. This exclusion deprived the inmate of rewards which includes financial payment, exclusive housing, added privileges and eligibility for sentence reduction. 
  • In September, the office entered a consent decree resolving a lawsuit against the City of Clarksville, Indiana. The lawsuit alleged that the Town’s police division prevented a competent applicant from getting to be a police officer primarily based on his HIV prognosis. The arrangement requires Clarksville to spend financial damages to the complainant, revise its policies and educate its personnel.
  • In September, the section secured a settlement agreement with an in-residence caregiving company to take care of allegations that the business refused to provide in-property products and services to an particular person with HIV. The settlement calls for the company to pay back financial damages to the personal, adopt a non-discrimination coverage and prepare its team.
  • In June and July, the office secured settlement agreements with two tattoo studios to take care of complaints that clients ended up refused providers following informing the studios of their HIV-favourable position. The agreements demand the tattoo studios to pay back monetary damages to the complainants, establish a non-discrimination policy, and train their employees. 
  • In February, the section entered consent decrees resolving two situations alleging that medical practitioners in California refused to provide plan healthcare care to a affected individual on the basis of her HIV status. One lawsuit alleged that when the individual attempted to make an appointment, she was explained to that the health practitioner could not see her due to the fact she experienced HIV, and the 2nd lawsuit alleged that an additional medical professional denied the client a Pap smear, a standard preventative procedure, due to the fact he deemed her a “high risk” patient. The consent decrees require each and every physician to shell out financial damages to the complainant and a civil penalty to the United States, to acquire teaching on the ADA and the treatment of clients with HIV, and to implement a non-discrimination plan.

In addition to its enforcement endeavours, the division carries on to interact in outreach to educate men and women residing with HIV and AIDS, corporations, condition and regional governments, and other coated entities on their legal rights and tasks underneath the ADA. The division also provides complex support and responds to inquiries from persons and lined entities through our ADA Facts Line at 800-514-0301 (voice) or 833-610-1264 (TTY).

To understand a lot more about the Civil Legal rights Division’s get the job done, you should visit Civil Rights Division | Department of Justice and archive.ADA.gov/HIV Home Page.