Form Hhs-699 - Discrimination Complaint - Department Of Health And Human Services - Office For Civil Rights (Ocr) Page 8
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131557 incorporates the enforcement mechanisms in those statutes, it too must be interpreted to
provide for complaints brought on behalf of an individual, a class, or by a third party.
B. The Rehabilitation Act
The ACA incorporates in its consumer protections, Section 504 of the Rehabilitation Act, which
prohibits programs and services which receive federal funds from discriminating against persons
with disabilities.
No otherwise qualified individual with a disability ... shall, solely by reason of her
or his disability, be excluded from the participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal
financial assistance or under any program or activity conducted by any Executive
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agency or by the United States Postal Service.
Under regulations implementing Section 504, programs subject to the Rehabilitation Act may not
"provide benefits or services in a manner that limits or has the effect of limiting the participation
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of qualified [persons with disabilities]."
The Supreme Court has specified that the relevant
inquiry under the Rehabilitation Act for determining if discrimination has occurred is whether
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“meaningful access” has been provided to individuals with disabilities.
The meaningful access
inquiry asks “whether those with disabilities are as a practical matter able to access benefits to
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which they are legally entitled.”
Persons living with HIV fall within the definition of "disabled" under regulations implementing
the Rehabilitation Act, where disability is defined as:
(i) A physical or mental impairment that substantially limits one or more of the
major life activities of such individual;
(ii) A record of such an impairment; or
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(iii) Being regarded as having such an impairment.
Under long settled case law, asymptomatic people living with HIV may be considered disabled
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and protected under federal anti-discrimination laws.
have uniformly implemented Title IX in a manner that incorporates and applies the disparate impact theory of
discrimination.").
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29 U. S .C. § 794(a).
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45 C.F.R. § 84.52(a)(iv).
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See Choate, 469 U.S. at 287.
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Henrietta D. v. Bloomberg, 331 F.2d 261, 273 (2003).
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45 C.F.R. § 84.3(j). See also 29 C.F.R. § 1630.2(g). The Rehabilitation Act specifically incorporated the definition
of “disability” as defined in the Americans with Disabilities Act. (29 U.S.C. § 705(9)(B) (2012).
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E.g., Bragdon v. Abbott, 524 U.S. 624, 633 (1998).
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