Questions and Answers: The ADA and Persons with HIV/AIDS

IV. State and Local Governments

Does the ADA also prohibit State and local governments from discriminating against persons with HIV or AIDS?

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

• A public school system may not prohibit a child with HIV or AIDS from attending elementary school.

• A county hospital may not refuse to treat persons with HIV or AIDS.

• A local police station must make sure that TTY users, including persons with HIV or AIDS, can call 911 and other emergency phone numbers directly, without having to go through a relay system.

• A city emergency medical technician may not refuse to treat or transport a person with HIV or AIDS.

• A State-owned nursing home may not refuse to accept patients with HIV or AIDS.

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

• A paratransit system may not refuse to transport an eligible rider to an appointment at a medical clinic because that clinic specializes in treatment of HIV and AIDS.

• A high school student does volunteer work at a local AIDS service organization and students at her school, thinking that she has HIV, harass her. Feeling threatened, she reports the harassment to a teacher. The harassment rises to a level where it denies or limits her ability to participate in or benefit from the school’s education program. The school must take prompt and effective action to address the harassment.

State and local governments must also reasonably modify their policies, practices, and procedures , must provide auxiliary aids and services necessary for effective communication, and must make programs, services, and activities accessible.

What can a person do if he or she is being discriminated against by a State or local government on the basis of his or her HIV status?

A person who believes he or she is being discriminated against by a State or local government may file a complaint with the Department of Justice. Complaints may be directed to the Department of Justice following the information below.

The Department of Justice is authorized to investigate complaints and to bring lawsuits to enforce the ADA. The Department may seek injunctive relief (such as having the State or local government correct its discriminatory practices) or monetary damages. Due to resource limitations, the Department is unable to investigate every complaint that it receives.

Individuals are also entitled to bring private ADA lawsuits against State and local governments and seek injunctive relief, monetary damages (in some instances), and reasonable attorney’s fees and costs.