{ "id": "98-599", "type": "CRS Report", "typeId": "REPORTS", "number": "98-599", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 103771, "date": "1998-07-10", "retrieved": "2016-05-24T20:53:37.898941", "title": "The Americans with Disabilities Act: HIV Infection is Covered Under the Act", "summary": "In Bragdon v. Abbott, No. 97-156 (June 25, 1998), the Supreme Court held that the\nrespondent's\nasymptomatic HIV infection was a physical impairment impacting on the major life activity of\nreproduction thus rendering the HIV infection a disability under the Americans with Disabilities Act\n(ADA), 42 U.S.C. \u00bf\u00bf12101 et seq. The Court also examined the ADA's exception\nregarding a direct\nthreat to the health or safety of others and found that courts should assess the objective\nreasonableness of the views of health care professionals by looking to the views of public health\nauthorities but that these views could be rebutted by citing a credible scientific basis for deviating\nfrom the accepted norm. Bragdon was remanded for further proceedings regarding the\nquestion of\nrisk. \n Bragdon v. Abbott has been heralded as a significant decision advancing the rights\nof\nindividuals who have asymptomatic HIV infection. It also has broader implications on the ADA\ncoverage of reproductive disabilities. This report will not be updated.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/98-599", "sha1": "51ae271b8c6d9913849d805156c51d824f603986", "filename": "files/19980710_98-599_51ae271b8c6d9913849d805156c51d824f603986.pdf", "images": null }, { "format": "HTML", "filename": "files/19980710_98-599_51ae271b8c6d9913849d805156c51d824f603986.html" } ], "topics": [] } ], "topics": [ "American Law" ] }