HIV-positive individuals are covered under the Americans with Disabilities Act even if they don’t yet have any AIDS symptoms, according to a new U.S. Supreme Court ruling. The court’s reasoning could have broad consequences in the workplace because it may open the door to legal protection for employees whose conditions aren’t necessarily disabling, such as cancer that is in remission or even infertility. We’ll examine the new decision and what it may mean for your accommodation obligations.
Dentist Refuses To Treat Patient
The case involved a Maine woman, Sidney Abbott, who needed to have a cavity filled. Abbott told the dentist she was infected with HIV but had no AIDS symptoms. The dentist refused to fill the cavity in his office. However, he offered to do the procedure in the hospital. Abbott sued the dentist for violating the ADA, which bars disability discrimination not just in employment but in public services and accommodations as well.
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What Is A “Major Life Activity”?
In order to be covered by the ADA, a physical impairment must substantially limit a major life activity. There was no dispute that if Abbott had full-blown AIDS, the law would cover her. But the dentist argued that non-symptomatic HIV infection did not sufficiently limit Abbott’s day-to-day life for her to be considered disabled under the ADA’s definition.
Abbott, however, claimed her HIV infection substantially limited the major life activity of reproduction because of the high risk that the disease would be passed on to her offspring.
Broad Definition Of Disability
The U.S. Supreme Court ruled in Abbott’s favor. The court rejected the dentist’s argument that the ADA only applies to limitations on life activities that have a “public, economic, or daily character,” such as the ability to speak, walk or care for oneself. Instead, the court found the term “major life activity” can include an array of human functions like engaging in sex or bearing children.
New Protection For Other Conditions
This case is the first in which the Supreme Court has grappled with the definition of what is a disability under the ADA, and its ruling suggests more employees than you might expect could be protected. Under the court’s broad reading, the law probably covers many conditions that are in remission or controlled through medication, such as epilepsy or asthma. And the court’s conclusion that reproduction is a major life activity suggests that individuals who are having difficulty conceiving a child could be protected by the ADA and entitled to a reasonable accommodation-such as time off for fertility treatment.
Approaches To Take
As a practical matter, there are still many unanswered questions about how to comply with the ADA when dealing with an employee whose disability has no obvious symptoms. Also, reasonable accommodation issues are only part of the picture. Making sure these employees aren’t fired or otherwise discriminated against because of their medical condition may be just as challenging.
Here are some guidelines for handling these complex questions:
- Keep an open mind. The law still has a lot of gray areas regarding who is and isn’t disabled. When in doubt, it’s safest to assume a condition is protected by the ADA. Offer an accommodation, such as time off for medical treatment whenever possible. And never take action against an applicant or employee because of a health problem or other disability if they can perform the job unaided or with an accommodation.
- Consult with the employee. When an employee informs you of a disability requiring an accommodation, the ADA mandates that you consult with the worker to try to develop a mutually acceptable solution. This process can help defuse potentially contentious situations, and the employee can often suggest effective accommodations at little or no cost. If you can’t agree and the person sues, having taken extra steps to try to accommodate the employee will bolster your defense.
- Identify essential job functions. When an accommodation issue comes up, you’ll need to have detailed job descriptions in place to help you determine if any accommodations are possible. You don’t have to retain someone who can no longer perform the essential job functions. But if an employee can carry out those duties with a reasonable accommodation, you can’t refuse to offer one simply because the person can’t handle every minor aspect of the position.