Arkansas District Excludes Kids from School Because They Might Have HIV

See this article, which begins:

Local disability rights advocates are accusing the Pea Ridge School District of kicking students out of school because of fear over HIV exposure. 

The Disability Rights Center of Arkansas sent out a statement Friday afternoon calling the school district’s refusal to allow three students to continue attending school“unlawful”, saying the students were being denied the right to attend school until documentation proves they are not HIV-positive.

This action, if it's being reported correctly, pretty clearly violates the ADA.  This was a big issue during the 1980s, and the Rehabilitation Act cases pretty solidly held that a school district can't exclude a kid just because s/he has HIV.  Some fights have to be engaged over and over, it seems.

Latest DOJ Settlement over HIV Discrimination by Health-Care Providers

See this press release, which begins:

The Justice Department announced today that, as part of its Barrier-Free Health Care Initiative, it has reached a settlement with Glenbeigh Hospital of Rock Creek, Ohio, under the Americans with Disabilities Act (ADA). The settlement resolves allegations that Glenbeigh violated the ADA by denying admission to someone because of HIV. This is the fourth settlement that the Justice Department has reached in six weeks addressing HIV discrimination by a medical provider.

The Justice Department found that Glenbeigh unlawfully refused to admit someone with HIV into its alcohol treatment program because of the side effects of his HIV medication. Glenbeigh’s alcohol treatment program consists of helping patients through the physical aspects of recovery, as well as providing counseling and incorporating spiritual healing. The department determined that Glenbeigh cannot show that treating the complainant would have posed a direct threat to the health or safety of others.

“Ensuring access to medical care for people with HIV requires that those in the medical field make medical decisions that are not based on fears or stereotypes,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The ADA does not tolerate HIV discrimination and neither will the Justice Department.”

Judge Thompson Orders Alabama to Stop Segregating Prisoners with HIV

See this article, which begins:

A federal judge in Alabama has ordered the state to stop segregating its prisoners living with HIV, a “historic decision” according to prison advocates who successfully argued the practice violated the Americans with Disabilities Act. 

In a 153-page ruling, U.S. District Court Judge Myron H. Thompson ruled Friday in a class-action lawsuit filed by the American Civil Liberties Union (ACLU) that the Alabama Department of Corrections discriminates against the state’s 250 prisoners living with the disease by housing them separately and denies them equal access to rehabilitative programs.

“Today’s decision is historic,” said Margaret Winter, associate director of the ACLU National Prison Project and lead counsel for the plaintiffs. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with HIV and their families.” 

Thompson, in his decision, said that while the state’s segregation policy has been an unnecessary tool for preventing the transmission of HIV, it has been an effective one for “humiliating and isolating” prisoners living with the disease.

Judge to Decide in Lawsuit Over Inmates with HIV

See this article by that title.  It begins:

It's up to a federal judge in Montgomery to decide if the Alabama Department of Corrections can continue to isolate inmates who have tested positive for HIV even though the virus is no longer considered a death sentence. 

Last month, U.S. District Judge Myron Thompson heard arguments made during the month-long trial challenging Alabama's decades-old policy of mostly separating HIV-positive inmates from other prisoners. 

Currently, Alabama and South Carolina are then only states that segregate HIV-positive prisoners. 

ACLU lawyer Margaret Winter was the lead attorney representing the inmates. She said based on what Thompson told attorneys, she expects the judge to issue an opinion soon.

WSJ: More HIV-Positive People Receive Organ Transplants

See this article from the Wall Street Journal, which begins:

Hospitals are increasingly willing to transplant vital and scarce organs into people who have HIV, a once-unthinkable step now made possible with drug regimens that are helping such patients live longer. 

Most procedures have involved kidneys and livers, but a small number of centers are transplanting hearts. 

The number of centers that reported doing a transplant on an HIV-positive patient rose in 2011 to at least 48 centers out of the 242 that perform transplants, up from 25 centers in 2005, according to the United Network for Organ Sharing, the nonprofit that manages the U.S. transplant system. The number may be higher because not all states permit hospitals to report information regarding HIV status.

Hershey School Settles HIV Discrimination Case

See this article from the Philadelphia Inquirer.  It begins:

The Milton Hershey School for impoverished children will pay $700,000 to settle a federal lawsuit filed by a 14-year-old Delaware County boy who claimed he was denied admission last year because of HIV. 

The school also will pay $15,000 to the federal government to settle potential civil penalties. 

The Justice Department investigated the boy's complaint and determined that the Hershey School violated provisions of the Americans With Disabilities Act, or ADA, in denying the boy admission, according to the settlement.

Battle with Hershey School Won, But Fight Against Ignorance Continues

See this editorial by that title in the Pottstown (PA) Mercury.  It begins:

Abraham Smith has won the battle but not yet the war. 

The 14-year-old, who is using an alias because he is infected with the AIDS virus, was issued an invitation a month ago to attend the Milton Hershey School, a free private boarding school for 1,850 low income boys and girls. The Dauphin County institution was founded by chocolate magnate Milton Hershey and his wife, Catherine, in 1909, originally for white male orphans. 

The invitation by school president Anthony Colistra was a reversal of the school officials’ previous stance last year that rejected the honor roll student’s application because he was HIV-positive.

Hershey School Abandons Untenable Litigating Position, Will Admit Students with HIV

Good news via this article, which begins:

The Milton Hershey School has reversed its policy to deny admission to applicants who are HIV positive. 

In a statement, MHS President Anthony Colistra said, "We are issuing a new Equal Opportunity Policy clearly stating that the School treats applicants with HIV no differently than any other applicants. We are also developing and providing mandatory training for staff and students on HIV issues and expanding our current training on Universal Precautions." 

A 13-year-old denied admission because he has HIV filed a federal lawsuit using the pseudonym "Abraham Smith." He says the Milton Hershey School violated the Americans with Disabilities Act.

MHS has extendied an offer to the teenager and his mother to continue the enrollment process for fall classes.

It looks like the decision of the Department of Justice to advise Hershey that it could not exclude students with HIV was critical to Hershey's decision here. Kudos to my old colleagues at DOJ!

DOJ Settles Two HIV Cases

See this press release, which begins:

The Justice Department announced that it has reached two settlements today resolving claims that health care providers refused to serve people with HIV in violation of the Americans with Disabilities Act (ADA).

The first complaint was filed by a man with HIV who went to the Mercy Medical Group Midtown Clinic in Sacramento, Calif. After meeting with the patient and examining him, a podiatrist at the clinic informed the patient of his treatment options. Although surgery was one of the treatment options, the podiatrist incorrectly told the patient that he could not perform the surgery because of a risk that he would contract HIV from the patient during surgery. The United States determined that the podiatrist’s actions violated the ADA by denying the patient the full and equal enjoyment of the services offered at the clinic on the basis of his disability. 

The second complaint was filed by a man with HIV who went to the Knoxville Chiropractic Clinic North in Knoxville, Tenn., for chiropractic treatment following an automobile accident. After examining him, the doctor determined that the patient required 24 subsequent appointments to treat his injuries. On his third visit to the clinic, however, the receptionist informed him that the doctor would not see him because they could not treat people “like him.” The United States determined that Knoxville Chiropractic Centers had a blanket policy of refusing treatment to persons with HIV in violation of the ADA.

Mia Farrow (Really!): Shame on the Milton Hershey School!

See this from the Huffington Post.

Hershey School Files Answer in HIV Discrimination Suit

See this story from the Philadelphia Inquirer, which begins:

The Milton Hershey School said it was well aware that people with AIDS have been victims of "discrimination arising from ignorance." 

But the boarding school founded by the nation's most-famous chocolate merchant insisted it nonetheless acted properly in denying admission to an HIV-positive Delaware County teenager. 

In its recently filed response to a lawsuit, the school said the case "requires a realistic examination of teen sexuality" and the "inability to control consensual sexual activity . . . in the unique residential setting."

Eleventh Circuit Vacates and Remands in Atlanta Police HIV Case

That was quick.  The unpublished opinion vacating the grant of summary judgment to the city and remanding for further proceedings is here.

Coverage of the Atlanta Police Department HIV Discrimination Argument

See this report from the Atlanta Journal-Constitution on today's Eleventh Circuit argument.

HIV-Infected Man Fights to Become Atlanta Officer

See this story by that title from Fox News Atlanta.  It begins:

A former investigator with the city of Los Angeles claims Atlanta police rejected his job application solely because he has HIV, a decision he said breaks the law and perpetuates stereotypes about people with the virus. 

Atlanta police argue hiring the man poses a threat to the health and safety of the public, setting up a legal fight that is being followed closely by gay rights groups and police agencies. 

A federal appeals court is scheduled to hear arguments in the case Wednesday, and judges will have the chance to pepper both sides with questions.

Iowa High-Risk Pool Denying Coverage to People with HIV?

That's what this article says, though it looks like the state legislature may do something about it.

Another Potential Defendant in an HIV Discrimination Case Races to the Courthouse

We saw it in the Hershey School case (though Hershey didn't quite make it to court first), and now we're apparently seeing it again.  According to this article, the Great Expressions dental group, whose former employee James White had recently received a right-to-sue letter from the EEOC regarding his claims of HIV-based discrimination, struck in court first on Wednesday by filing a lawsuit against White.  Great Expressions apparently seeks a declaration that it did not discriminate against him.

More on the Hershey School HIV Suit

See this piece from today's Patriot-News.

Raleigh N&O on the Butterball HIV Case

Coverage is here.

Office Worker in Dental Clinic Claims HIV Discrimination

See this post describing the allegations, which the EEOC has found reasonable cause to pursue.  Following someone with HIV around with Lysol and spraying everything he touches?  Like the Hershey case, this is the kind of thing you would have seen twenty-five years ago, but not something you expect to see today.

Two Commentaries on the Hershey School HIV Discrimination Case

See this editorial from the Delaware County Daily Times, headed "School's Rejection of HIV-Positive Boy is Misguided," and this commentary on Politics 365, headed "Is School Rejection of Black HIV Student an Omen of What's to Come?"