Thursday, December 01, 2011

Milton Hershey School Sued by Teen with HIV Who Was Denied Admission

See this article from the Harrisburg Patriot-News.  As the following quote indicates, the school is apparently admitting the discrimination but asserting a direct threat defense:
In a statement, the school said it was a difficult decision not to admit the student, but it was made to safeguard the school’s 1,850 students. 
“In order to protect our children in this unique environment, we cannot accommodate the needs of students with chronic communicable diseases that pose a direct threat to the health and safety of others,” the school said. “The reason is simple. We are serving children, and no child can be assumed to always make responsible decisions which protect the well-being of others.”
Read the whole article for more on the school's thinking.  The direct threat defense seems like a very difficult one for the school to make out in this context.

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