Justice Department Tells Trade Schools It’s Illegal to Exclude People with HIV/AIDS

Thomas E. Perez, Assistant Attorney
General for the Civil Rights Division

By Karen Ocamb -

Sean Strub, founder of POZ Magazine, points out that “the Center for HIV Law & Policy and others who have been working with the Justice Department” on taking action to stop apparent discrimination public and private trade schools from discriminating against people with HIV/AIDS.
The White House issued a press release that said, in part:

“The Justice Department has learned that public and private trade schools for barbering, cosmetology, massage therapy, home health care work and other occupations, as well as state licensing agencies, may be illegally denying individuals with HIV/AIDS admission to trade schools and/or occupational licenses because of their HIV status.  However, because HIV cannot be transmitted by casual contact or by the circumstances present in these occupations, HIV-positive status is irrelevant.”

Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, sent letters to the nation’s attorneys general of all 50 states and the U.S. territories asking for them help in dealing “in addressing the illegal exclusion of individuals with HIV/AIDS from occupational training and state licensing. Persons with HIV and persons with AIDS are covered by the Americans with Disabilities Act (ADA), which gives federal civil rights protections to persons with disabilities in public accommodations, employment, and state and local government services.”

The Justice Department has guidance entitled, “Questions and Answers:  The Americans with Disabilities Act and the Rights of Persons with HIV/AIDS to Obtain Occupational Training and State Licensing.”


Here’s the DOJ’s press release:

JUSTICE DEPARTMENT ISSUES LETTER REGARDING ILLEGAL EXCLUSION OF INDIVIDUALS WITH HIV/AIDS FROM OCCUPATIONAL TRAINING AND STATE LICENSING

The Justice Department has issued letters to the attorneys general of all 50 states, as well as U.S. territories to request their assistance in addressing the illegal exclusion of individuals with HIV/AIDS from occupational training and state licensing. Persons with HIV and persons with AIDS are covered by the Americans with Disabilities Act (ADA), which gives federal civil rights protections to persons with disabilities in public accommodations, employment, and state and local government services.
The Justice Department has learned that public and private trade schools for barbering, cosmetology, massage therapy, home health care work and other occupations, as well as state licensing agencies, may be illegally denying individuals with HIV/AIDS admission to trade schools and/or occupational licenses because of their HIV status.  However, because HIV cannot be transmitted by casual contact or by the circumstances present in these occupations, HIV-positive status is irrelevant.
In his letter to the attorneys general, Assistant Attorney General for the Civil Rights Division Thomas E. Perez asked that they review their respective jurisdictions’ admission and licensing criteria for trade schools and licensing agencies to identify the existence of any criteria that unlawfully exclude or discriminate against persons with HIV/AIDS, and to take the steps necessary to bring all such programs into compliance with the ADA.
“It is critical that we continue to work to eradicate discriminatory and stigmatizing treatment towards individuals with HIV based on unfounded fears and stereotypes,” Assistant Attorney General Perez said.  “The ADA clearly protects individuals with HIV and other disabilities from this kind of exclusion or marginalization.”
The department recently entered into a settlement agreement with Modern Hairstyling Institute Inc., a private cosmetology school in Bayamón, Puerto Rico, for delaying the admission of an HIV-positive individual.  That settlement agreement requires the school to remove questions about applicants’ HIV/AIDS status and to promptly enroll the aggrieved individual in its cosmetology program.  The department has also addressed related issues in its guidance entitled, “Questions and Answers:  The Americans with Disabilities Act and the Rights of Persons with HIV/AIDS to Obtain Occupational Training and State Licensing” (www.ada.gov/qahivaids_license.htm).

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