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

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.

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