Friday, October 24, 2014
Wednesday, September 24, 2014
Evictions? No Thanks...
Here's something interesting I got in my email today. I've never heard of them before, but it sounds like an ambitious enterprise.
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Call of the International Tribunal on Evictions
- » Zero Evictions Campaign
- » People's Alternative Urban Social Forum 2014
- » World Assembly of Inhabitants 2013
- » Political Declaration - People’s Alternative Urban Social Forum. Let’s build cities for a life of dignity!
- » The Urban Way
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IAI is searching for volunteer translatorsHelp us improving communication in several languages: Become a Volunteer translators for housing rights without frontiers!
Fill out the form
Call of the International Tribunal on Evictions. Communicate your case of eviction before 30/09/14!
The International Tribunal on Evictions launches an international Call to identify cases of evictions for its fourth Session that will take place October 9th to 10th, 2014 in Milan, Italy, within the World Zero Evictions Days - in Defence of Land.
» Call of the International Tribunal on Evictions. Communicate your case of eviction before 30/09/14!
Calling for the mobilization of activists for the right to housing, to land and to the city across the world
» Calling for the mobilization of activists for the right to housing, to land and to the city across the world
How participate in October 2014’s World Zero Evictions Days - for the Defense of the Land
» How participate in October 2014’s World Zero Evictions Days - for the Defense of the Land
The International Alliance of Inhabitants is a global network of associations and social movements of inhabitants, cooperatives, communities, tenants, house owners, homeless, slum dwellers, indigenous populations and people from working class neighbourhoods. The objective is the construction of another possible world starting from the achievement of the housing and city rights.
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You can manage you subscription using the Newsletter Tool .
LIFE IN KENMORE HALL - with H.S.I. in charge
H.S.I. has become so power and money hungry that they seem to believe that if they tell tenants that new rules are in place that must be followed, tenants will cooperate automatically - accepting social services that aren't defined in their standard, rent-stabilized leases. They also appear to believe that if they profile tenants as "resisters", "hoarders", "nuisances", or any number of other peculiar, unfounded things, tenants will cooperate out of guilt or shame - especially if H.S.I. includes threats of legal action. We're all still being stigmatized as homeless, even while H.S.I. provides us with housing.
If you want to understand more about their creepy agenda, go to their website at www.hsi-ny.org and click on the link that says "privacy policy" at the bottom of the home page near the logos for Twitter and Facebook. Then go the the NYC CCoC (Coalition on the Continuum of Care) website at www.nychomeless.com to find out more about where H.S.I. gets its policies regarding social support services from, and how they're supposed to put them into practice. Please note while you're reading all this that tenants in this building are repeatedly referred to as homeless, although we have units with leases and rent that's being paid either through subsidies or from our own pockets. WE AREN'T HOMELESS ANY MORE - and a lot of us were not chronically homeless before we moved here, either. There's a serious contradiction in terms here. There is a direct link between how many detailed reports organizations like H.S.I. makes about their tenants' private, protected information each year, and whether they will have access to government funding. FOLLOW THE MONEY. H.S.I. pushes supportive housing because they can't get paid unless they get tenants to cooperate.
Friday, September 19, 2014
USE THIS BLOG, KNOW YOUR RIGHTS, AND STAND UP FOR THEM
Use this blog as a tool to learn more about your rights, as well as issues affecting tenants in the building. If you want to see posts on various topics, look at the blog archive appearing at the top right side of the blog - posts for the current month are listed individually, and you can also click on previous months to see the posts for those months as well.
Additional information about possible remedies appears in the column below the blog archive (see the right side of the blog). Tenants in this building DO have rights, and don't have to put up with intimidation and harassment. Tenants have to decide for themselves what they want to do, but doing nothing at all means that management and staff will continue to harass tenants.
A year ago, tenants started to be extremely concerned about alleged new policies in the building. Case managers started harassing tenants about cooperating with new rules involving home visits and increased contact with the social service staff. It's gotten worse over the past year, and some tenants have been threatened with phony "nuisance" threats, threats of legal action, and some tenants have been told they would be relocated to nursing homes against their will. One tenant claims that during a hospital stay over the summer, she was visited repeatedly by Francesca Rossi, Clinical Director, and told that she wouldn't be allowed back in Kenmore Hall and that plans had already been made for her to go to a nursing home. In addition, this same tenant claims that some of her property was removed from her room by social service staff and that to get it back, she would have to meet with them in the conference room and sort through it. Tenants are being accused of being hoarders and A.P.S. is being called on them. Half a dozen tenants have been taken to housing court over a variety of issues. Some tenants have issues with management and maintenance over maintenance issues. All of this gets incredibly complicated, and I can't comment on all of it because I don't have access to all the details. However, there are a few things tenants should be aware of:
Kenmore Hall is still classified as a residential apartment building according to city records, which means that tenants are still protected by Rent Stabilization law. It has NOT yet been reclassified as either a supportive housing or assisted living facility - but H.S.I. may be trying to reclassify it. Even if they do reclassify it, tenants are entitled to written notification. Take a look at the blog post from December 30, 2013.
If you have a maintenance issue with your unit that cannot be resolved by notifying staff and management in writing (the procedure still stands that tenants are supposed to fill out work orders with their case managers), and then make yourself available to get the repairs made. If repairs don't happen within a reasonable period of time, or are inadequate, tenants can sue the landlord for repairs - this is an HP action in housing court. Details on this are available in the post dated April 20, 2014. However, if tenants do this, and/or call 311 to report violations, tenants are legally obliged to make their unit accessible so the repair work can be done - see the post from April 21, 2014.
H.S.I.'s privacy policy, which seems to be ONLY available by clicking a link on their website at www.hsi-ny.org, goes into incredible detail about the kind of personal information they want to gather on tenants. They share this information with other organizations and agencies in order to develop "best practices" for dealing with formerly homeless people, and to obtain additional funding from government sources. I've informally asked a few other tenants if they've ever seen the policy posted anywhere, and they've told me they've never even heard of it. Most of the information H.S.I. wants to gather is considered protected personal information, and they pretend that tenants are fully aware of the policy and that consent is granted to gather it. It's very important that tenants read the policy, which I posted on this blog on January 19, 2014.
I'm posting all of this information here so that anyone can access the information. I can't afford to print everything out and reproduce it for people, but tenants can certainly get access to computers at local libraries (and possibly senior centers). If there are issues that tenants would like to see addressed here, let me know.
Additional information about possible remedies appears in the column below the blog archive (see the right side of the blog). Tenants in this building DO have rights, and don't have to put up with intimidation and harassment. Tenants have to decide for themselves what they want to do, but doing nothing at all means that management and staff will continue to harass tenants.
A year ago, tenants started to be extremely concerned about alleged new policies in the building. Case managers started harassing tenants about cooperating with new rules involving home visits and increased contact with the social service staff. It's gotten worse over the past year, and some tenants have been threatened with phony "nuisance" threats, threats of legal action, and some tenants have been told they would be relocated to nursing homes against their will. One tenant claims that during a hospital stay over the summer, she was visited repeatedly by Francesca Rossi, Clinical Director, and told that she wouldn't be allowed back in Kenmore Hall and that plans had already been made for her to go to a nursing home. In addition, this same tenant claims that some of her property was removed from her room by social service staff and that to get it back, she would have to meet with them in the conference room and sort through it. Tenants are being accused of being hoarders and A.P.S. is being called on them. Half a dozen tenants have been taken to housing court over a variety of issues. Some tenants have issues with management and maintenance over maintenance issues. All of this gets incredibly complicated, and I can't comment on all of it because I don't have access to all the details. However, there are a few things tenants should be aware of:
Kenmore Hall is still classified as a residential apartment building according to city records, which means that tenants are still protected by Rent Stabilization law. It has NOT yet been reclassified as either a supportive housing or assisted living facility - but H.S.I. may be trying to reclassify it. Even if they do reclassify it, tenants are entitled to written notification. Take a look at the blog post from December 30, 2013.
If you have a maintenance issue with your unit that cannot be resolved by notifying staff and management in writing (the procedure still stands that tenants are supposed to fill out work orders with their case managers), and then make yourself available to get the repairs made. If repairs don't happen within a reasonable period of time, or are inadequate, tenants can sue the landlord for repairs - this is an HP action in housing court. Details on this are available in the post dated April 20, 2014. However, if tenants do this, and/or call 311 to report violations, tenants are legally obliged to make their unit accessible so the repair work can be done - see the post from April 21, 2014.
H.S.I.'s privacy policy, which seems to be ONLY available by clicking a link on their website at www.hsi-ny.org, goes into incredible detail about the kind of personal information they want to gather on tenants. They share this information with other organizations and agencies in order to develop "best practices" for dealing with formerly homeless people, and to obtain additional funding from government sources. I've informally asked a few other tenants if they've ever seen the policy posted anywhere, and they've told me they've never even heard of it. Most of the information H.S.I. wants to gather is considered protected personal information, and they pretend that tenants are fully aware of the policy and that consent is granted to gather it. It's very important that tenants read the policy, which I posted on this blog on January 19, 2014.
I'm posting all of this information here so that anyone can access the information. I can't afford to print everything out and reproduce it for people, but tenants can certainly get access to computers at local libraries (and possibly senior centers). If there are issues that tenants would like to see addressed here, let me know.
Met Council on Housing Reports Tenants Rights Bill Victory
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The right to an attorney? Not in NY. Read it and weep.
I'm
posting this here because it addresses an issue beyond just criminal defense...
if you're considering taking legal action in a housing issue, you might want to
consider representing yourself (pro se) - but DO YOUR RESEARCH. Law libraries
are accessible to the public. The courts also usually have a pro se assistance
unit; they can't give legal advice, but they can help educate you about the
law.
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Tuesday, August 26, 2014
Let's Understand Why It's Illegal to Discriminate Against Our Neighbors With AIDS
Civil Rights Division
Disability Rights Section
Questions and Answers:
The Americans with Disabilities Act
and Persons with HIV/AIDS
The Americans with Disabilities Act
and Persons with HIV/AIDS
Introduction | Employment | Public
Accommodations
State and Local Governments | Housing | Air Transportation | Resources
State and Local Governments | Housing | Air Transportation | Resources
What is the ADA
The Americans with Disabilities Act (ADA) gives federal civil
rights protections to individuals with disabilities similar to those provided
to individuals on the basis of race, color, sex, national origin, age, and
religion. It guarantees equal opportunity for individuals with disabilities in
public accommodations, employment, transportation, State and local government
services, and telecommunications.
Are people living with HIV or AIDS protected by the ADA
Yes. An individual has a “disability” under the ADA if he or she
has a physical or mental impairment that substantially limits one or more major
life activities, including major bodily functions such as the functions of the
immune system; has a record of such an impairment; or has an actual or
perceived mental or physical impairment that is not transitory and minor and is
subjected to an action prohibited under the ADA. Persons with HIV, both
symptomatic and asymptomatic, have physical impairments that substantially
limit one or more major life activities or major bodily functions and are,
therefore, protected by the law.
Persons who are discriminated against because they are regarded as
having HIV are also protected. For example, a person who was fired on the basis
of a rumor that he had AIDS, even if he did not, would be protected by the law.
Moreover, the ADA ADA
Information on filing a complaint with
the Department of Justice can be found atwww.ada.gov/aids.
For more information on Department by mail, fax, or email.
What employers are covered by the ADA
The ADA ADA
What employment practices are covered by the ADA
The ADA
·
An automobile manufacturing company
that had a blanket policy of refusing to hire anyone with HIV or AIDS.
·
An airline that extended an offer to a
job applicant and then rescinded the offer after the employer discovered
(during the post-offer physical) that the applicant had HIV.
·
A restaurant that fired a waitress
after learning that the waitress had HIV.
·
A university that fired a physical
education instructor after learning that the instructor’s boyfriend had AIDS.
·
A County tax assessment office that
cancelled training opportunities for an accountant following her disclosure
that she had HIV.
·
A retail store that generally rotated
all sales associates between the sales floor (where they could earn
commissions) and the stock room (where they processed merchandise) except for
the sales associate who was rumored to have HIV, who was never rotated to the
floor.
·
A call center employee who was denied a
promotion to shift manager because his employer believed the employee would be
unreliable since he had AIDS.
·
A company that contracted with an
insurance company that had a cap on health insurance benefits provided to
employees for HIV-related complications, but not on other health insurance
benefits.
Who is protected by the employment provisions of the ADA
The ADA
What is an “essential function” of the job?
Essential functions of the job are those core duties that are the
reason the job position exists. For example, an essential function of a
typist’s position is the ability to type; an essential function of a bus
driver’s position is the ability to drive.
Requiring the ability to perform “essential” functions assures
that an individual with a disability will not be considered unqualified because
of his or her inability to perform marginal or incidental job functions.
What is a “reasonable accommodation”?
A “reasonable accommodation” is any modification or adjustment to
a job, the job application process, or the work environment that will enable a
qualified applicant or employee with a disability to participate in the
application process, perform the essential functions of the job, or enjoy the
benefits and privileges of employment. Examples of “reasonable accommodations”
include: making existing facilities readily accessible to and usable by
employees with disabilities; restructuring a job; modifying work schedules;
acquiring or modifying equipment; and reassigning a current employee to a
vacant position for which the individual is qualified. For example:
·
An accountant with HIV who had no
available sick leave required two hours off, monthly, for visits to his doctor.
He was permitted to take longer lunch breaks and to make up the time by working
later on those days.
·
A supermarket check-out clerk with AIDS
had difficulty standing for long periods of time. Her employer provided her
with a stool so that she could sit down at the cash register when necessary.
·
A secretary with AIDS needed to take
rest breaks at irregular intervals during her work day. Her boss allowed her to
take the breaks as needed throughout the day, so long as she completed her work
before going home each evening.
·
A machine operator required time off
from work during his hospitalization with AIDS-related pneumonia. He had
already used up all his sick leave. His employer allowed him to take leave
without pay.
·
A computer programmer with HIV had
bouts of nausea caused by his medication. His employer allowed him to work at
home on those days that he found it too difficult to come into the office for
the month it took him to adjust to his medication.
·
A newspaper editor with HIV who tired
easily from walking began to use an electric scooter. His employer installed a
ramp at the entrance to the building in which the editor worked so that the
editor could use his scooter at the office.
Does an employer have to provide a needed reasonable
accommodation?
Once an employer determines that an accommodation is reasonable,
it is required to provide it, unless the employer can demonstrate that the
requested accommodation would impose an undue hardship on the operation of the
business. If the requested accommodation would impose an undue hardship, the
employer is not required to provide the accommodation. An undue hardship is an
action that requires “significant difficulty or expense” in relation to the
size of the employer, the resources available, and the nature of the operation.
Determination as to whether a particular accommodation poses an undue hardship
must be made on a case-by-case basis.
Customer or co-worker attitudes are not relevant factors in
determining an undue hardship. The potential loss of customers or co-workers
because an employee has HIV or AIDS does not constitute an undue hardship.
An employer is not required to provide an employee’s first choice
of accommodation. The employer is, however, required to provide an effective
accommodation, i.e., an accommodation that meets the individual’s
needs and will allow him or her to perform the essential functions of the job
or enjoy the full benefits of employment.
When is an employer required to make a reasonable accommodation?
An employer is only required to accommodate a “known” disability
of a qualified applicant or employee. Thus, in most circumstances, it is the
responsibility of the employee to request the reasonable accommodation. If the
employee does not want to disclose that he or she has HIV or AIDS, it may be
sufficient for the employee to say that he or she has an illness or disability
covered by the ADA
What if an employer has concerns about an applicant’s ability
to do the job in future?
Employers cannot fire or choose not to hire a qualified person now
because they fear the worker will become too ill to work in the future. The
hiring decision must be based on how well the individual can perform at the
present time. In addition, employers cannot decide not to hire qualified people
with HIV or AIDS because they are afraid of higher medical insurance costs,
workers’ compensation costs, or the potential for absenteeism.
Can an employer consider health and safety when deciding whether
to hire an applicant or retain an employee who has HIV or AIDS?
Yes, but only under limited circumstances. The ADA permits
employers to establish qualification standards that will exclude individuals
who pose a direct threat—i.e., a significant risk of substantial harm—to
the health or safety of the individual him/herself or to the safety of others,
if that risk cannot be eliminated or reduced below the level of a “direct
threat” by reasonable accommodation. However, an employer may not simply assume
that a threat exists; the employer must establish through objective,
medically-supportable methods that there is a significant risk that substantial
harm could occur in the workplace. By requiring employers to make
individualized judgments based on reliable medical or other objective
evidence—rather than on generalizations, ignorance, fear, patronizing
attitudes, or stereotypes—the ADA recognizes the need to balance the interests
of people with disabilities against the legitimate interests of employers in
maintaining a safe workplace.
Transmission of HIV will rarely be a legitimate “direct threat”
issue. It is medically established that HIV can only be transmitted by sexual
contact with an infected individual, exposure to infected blood or blood
products, or perinatally from an infected mother to infant during pregnancy,
birth, or breast feeding. HIV cannot be transmitted by casual contact. Thus,
there is little possibility that HIV could ever be transmitted in the
workplace. For example:
·
A restaurant owner may believe that there
is a risk of employing an individual with HIV as a cook, waiter or waitress, or
dishwasher, because the employee might transmit HIV through the handling of
food. However, HIV and AIDS are specifically not included on the Centers for
Disease Control and Prevention (CDC) list of infectious and communicable
diseases that are transmitted through the handling of food. Thus, no direct
threat exists in this context.
·
An employer may believe that an
emergency medical technician (“EMT ”)
with HIV may pose a risk to others when performing mouth-to-mouth
resuscitation. However, the use of universal precautions among emergency
responders means that the EMT will
be using a barrier device while performing resuscitation.
Having HIV or AIDS, however, might impair an individual’s ability
to perform certain functions of a job, thus causing the individual to pose a
direct threat to the health or safety of the individual or others. For example:
·
A worker with HIV who operates heavy
machinery and who has been experiencing unpredictable dizzy spells caused by a
new medication he is taking might pose a direct threat to his or someone else’s
safety. If no reasonable accommodation is available (e.g., an open
position to which the employee could be reassigned), the employer would likely
not violate the ADA
As noted above, the direct threat assessment must be an
individualized assessment. Any blanket exclusion—for example, refusing to hire
persons with HIV or AIDS because of a perceived risk—would violate the ADA
When can an employer inquire into an applicant’s or employee’s
HIV status?
An application cannot seek information about health status or ask
disability-related questions. Likewise, an employer may not ask a job applicant
disability-related questions or questions likely to solicit information about a
disability or ask an applicant to submit to a medical examination before an
offer is made. An employer may, however, ask the applicant questions during the
interview about the applicant’s ability to perform specific job functions.
An employer may condition a job offer on the satisfactory outcome
of a post-offer medical examination or medical inquiry, if such medical
examination or inquiry is required of all entering employees in the same job
category. However, if the employer withdraws a job offer because the post-offer
medical examination or inquiry reveals a disability, the reason(s) for not
hiring must be job-related and consistent with business necessity. Having HIV
alone can almost never be the basis for a refusal to hire after a post-offer
medical examination.
After a person starts work, a medical examination or inquiry of an
employee must be job-related and consistent with business necessity. Employers
may conduct employee medical examinations where there is evidence of a job
performance or safety problem, when examinations are required by other Federal
laws, and/or when examinations are necessary to determine current “fitness” to
perform a particular job. For example, an employer could not ask an employee
who had recently lost a significant amount of weight, but whose job performance
had not changed in any way, whether the employee had HIV or AIDS. An employer
could, however, require an employee who was experiencing frequent dizzy spells,
and whose work was suffering as a result, to undergo a medical examination.
What obligations does an employer have if an employee discloses
his or her HIV status?
The ADA
What obligations does an employer have to provide health insurance
to employees with HIV or AIDS?
The ADA ADA
Thus, for example, blanket pre-existing condition clauses that
exclude from the coverage of a health insurance plan the treatment of all
physical conditions that predate an individual’s eligibility for benefits are
not distinctions based on disability and do not violate the ADA. A pre-existing
condition clause that excluded only the treatment of HIV-related conditions,
however, is a disability-based distinction and would likely violate the ADA
Similarly, a health insurance plan that capped benefits for the
treatment of all physical conditions at $50,000 per year does not make
disability-based distinctions and does not violate the ADA
A plan that capped benefits for the treatment of all physical
conditions, except HIV or AIDS, at $50,000 per year, and capped the treatment
for AIDS-related conditions at $10,000 per year, does distinguish on the basis
of disability and likely violates the ADA
What can an applicant or employee do if he or she believes
that he or she is being discriminated against on the basis of his or her
HIV or AIDS?
An applicant or employee who believes that he or she has been
subjected to discrimination on the basis of having HIV or AIDS may file a
charge with the nearest Equal Employment Opportunity Commission office. The
charge must be filed within 180 days of when the discrimination occurred. The
EEOC will investigate the charge and either act (on its own or through a
referral of the charge to the appropriate government agency) to correct the
problem or give the employee a “right to sue” letter. The right to sue letter
permits the employee to sue the employer directly. The employee may be entitled
to the job or promotion he or she was denied, a reasonable accommodation that
was denied, back pay, benefits, or other damages.
For more
information about the ADA 800-669-4000
(Voice) or 800-669-6820
(TTY),
or visit www.eeoc.gov/employees/charge.cfm.
or visit www.eeoc.gov/employees/charge.cfm.
What is a public accommodation?
A public accommodation is a private entity that owns, operates,
leases, or leases to a place of public accommodation. Places of public
accommodation include a wide range of entities, such as restaurants, hotels,
theaters, doctor’s offices, dentist’s offices, hospitals, retail stores, health
clubs, museums, libraries, private schools, and day care centers.
Entities that meet the legal definition of a private club and
those that qualify for an exemption for religious entities are not considered
places of public accommodation.
What constitutes discrimination?
Discrimination is the failure to give a person with a disability
the equal opportunity to use or enjoy the public accommodation’s goods,
services, or facilities. Examples of ADA
·
A dentist who categorically refused to
treat all persons with HIV or AIDS.
·
A moving company that refused to move
the belongings of a person who had AIDS, or that refused to move the belongings
of a person whose neighbor had AIDS.
·
A health club that charged extra fees
to persons who had HIV, or that prohibited members with HIV from using the
steam room or sauna, or that limited the hours during which members with HIV
could use the club’s facilities.
·
A day care center that categorically
refused admission to children with HIV or the children of mothers with HIV.
·
A funeral home that refused to provide
funeral services for a person who died from AIDS-related complications.
·
A building owner who refused to lease
space to a not-for-profit organization that provided services to persons with
HIV or AIDS.
·
A cosmetology school that refused to
enroll a student once they learned that she had HIV.
·
An overnight summer camp where children
sleep in group cabins that requires a camper with HIV to sleep in the camp
infirmary.
The ADA ADA
What types of changes in policies, practices, or procedures
would a public accommodation have to make to ensure equal access to
persons with HIV or AIDS?
Even though a public accommodation may not intend to discriminate
against persons with HIV or AIDS, its customary way of doing business may
unintentionally exclude persons with HIV or AIDS or provide them with lesser
services. If reasonable modifications in the business policies, practices, or
procedures would rectify the problem, the public accommodation would be
required to make those changes unless doing so would fundamentally alter the
nature of the goods, services, or facilities at issue. For example:
·
A hotel does not allow pets. It would
be a reasonable modification of the hotel’s policy to allow a person who has
lost his vision from cytomegalovirus retinitis, an AIDS-related illness, to
have his service animal stay with him in the hotel.
·
A pharmacy requires customers to stand
in line to be served. A person with AIDS finds it too tiring to stand in line.
It would be a reasonable modification of the pharmacy’s procedures to allow the
person to announce her presence and/or take a number and then sit down until
her prescription is filled. It may also be a reasonable modification for the
pharmacy to provide curbside service.
Are health care providers required to treat all persons with
HIV or AIDS, regardless of whether the treatment being sought is within the provider’s area
of expertise?
No. A health care provider is not required to treat a person who
is seeking or requires treatment or services outside the provider’s area of
expertise. However, a health care provider cannot refer a patient with HIV or
AIDS to another provider simply because the patient has HIV or AIDS. The
referral must be based on the fact that the treatment the patient is seeking is
outside the expertise of the provider, not the patient’s HIV status alone. For
example:
·
An individual with HIV has a severe
allergic drug reaction while on vacation and goes to the nearest emergency
room. The hospital routinely treats people experiencing allergic drug
reactions. Sending the patient to another hospital that allegedly has an “AIDS
unit” would violate the ADA
·
An individual with HIV is in a car
accident and suffers severe third degree burns. He is taken to the nearest
hospital, which does not have a burn unit. Sending the patient to another
hospital that has a burn unit would not violate the ADA
·
A person with HIV goes to the dentist
for a teeth cleaning. The dentist refers her to another dentist because the
dentist claims he is “not equipped” to treat persons with HIV. Because there is
no special equipment necessary for providing routine dental care to those with
HIV or AIDS beyond universal precautions (for example, gloves, mask, and
goggles) that a provider should use when treating all patients, this “referral”
would violate the ADA.
·
A person with HIV goes to a general
dentist who determines that the patient requires periodontal surgery. The
dentist tells the patient that he is not a periodontal surgeon and is,
therefore, not qualified to perform her treatment. The dentist refers the
patient to a periodontal surgeon for diagnosis and treatment, with the
understanding that the patient will return to the dentist for the provision of
routine dental care. This would not violate the ADA
What types of communication aids and services would a public
accommodation be required to provide to persons with HIV or AIDS?
A public accommodation is required to provide auxiliary aids and
services where necessary to ensure effective communication with individuals
with disabilities, unless an undue burden (that is, significant difficulty or
expense) or fundamental alteration would result. Thus, if a person with HIV or
AIDS has an impairment—such as a vision, hearing, or speech impairment—that
substantially limits his or her ability to communicate, the public
accommodation must provide auxiliary aids or services that will ensure equal
access to the goods, services, or facilities that the public accommodation
offers. The impairment can be one that the person has had from birth, or one
that has recently developed as a result of an AIDS-related complication.
The type of auxiliary aid or service necessary to ensure effective
communication will vary in accordance with the length, importance, and
complexity of the communication involved. Some examples of auxiliary aids and
services (again, the effectiveness of which will be gauged based on the
particular situation) are: exchanging written notes; typing back and forth on a
computer; providing a qualified sign language interpreter; having a
telecommunications device for the deaf (TTY) for customers with hearing
impairments; reading aloud; providing large print, audiotapes, or Braille
materials; locating merchandise for customers with vision impairments; and
using TTYs or computer terminals for persons with speech impairments. For
example:
·
A person who was born deaf and uses
American Sign Language as his primary means of communication goes to his
physician to receive the results of his HIV test. The test results have come
back positive. The physician may be required to obtain and pay for a sign
language interpreter, as the communication between the physician and his
patient is likely to be lengthy, important, and complex and may only be
effective if a sign language interpreter is provided.
·
A person with AIDS has recently lost
his vision as a result of an AIDS-related complication. It would be appropriate
for a restaurant waiter to read aloud the contents of the menu.
Can a public accommodation charge for reasonable modifications
in its policies, practices, or procedures, or for the provision of
communication aids and services?
No. A public accommodation may not impose a surcharge on a
particular individual with a disability or any group of individuals with
disabilities to cover the costs necessary to provide nondiscriminatory
treatment. For example:
·
A law firm routinely prepares wills and
trusts. A woman with AIDS who recently has experienced vision loss requests
that the firm draft her will and guardianship papers, and requests that the
firm provide her with all drafts of her documents in large print. The law firm
cannot charge the woman extra for preparing the documents in large print.
Can a public accommodation exclude a person with HIV or AIDS
because that person allegedly poses a direct threat to the health and
safety of others?
In almost every instance, the answer to this question is no.
Persons with HIV or AIDS will rarely, if ever, pose a direct threat in the
public accommodations context.
A public accommodation may exclude an individual with a disability
from participation in an activity if that individual’s participation would result
in a direct threat to the health or safety of others. “Direct threat,” however,
is defined as a “significant risk to the health or safety of others” that
cannot be eliminated or reduced to an acceptable level by reasonable
modifications to the public accommodation’s policies, practices, or procedures,
or by the provision of appropriate auxiliary aids or services. The
determination that a person poses a direct threat to the health or safety of
others may not be based on generalizations or stereotypes about the effects of
a particular disability; it must be based on an individual assessment that
considers the particular activity and the actual abilities and disabilities of
the individual. The individual assessment must be based on reasonable judgment
that relies on current medical evidence. For example:
·
A restaurant’s refusal to admit an
individual with AIDS would violate the ADA
·
A gynecologist’s refusal to treat a
woman with HIV would be a violation of the ADA ADA
·
A day care center’s refusal to admit a
child with HIV is also a violation. Day care centers cannot exclude a child
solely because he has HIV or AIDS. HIV cannot be easily transmitted during the
types of incidental contact that take place in child care centers. Children
with HIV or AIDS generally can be safely integrated into all activities of a
child care program. Universal precautions, such as wearing latex gloves, should
be used whenever caregivers come into contact with children’s blood or bodily
fluids, such as when they are cleansing and bandaging playground wounds. This
applies to the care of all children, whether or not they are known to have
disabilities.
·
A health club’s revocation of the
membership of a person with HIV, because of the fear that the person may
transmit the virus through the sweat he leaves on the club’s weight machines,
also violates the ADA
What types of physical barriers to access is a public accommodation
required to remove? Why is this important to persons with HIV or AIDS?
Persons with HIV or AIDS may find that they have less strength to
open doors, or may tire more easily when walking or climbing stairs. They may
use a wheelchair, electric scooter, or other device for mobility purposes. The ADA
The ADA
Examples of barrier removal may include installing ramps, making
curb cuts in sidewalks and entrances, rearranging furniture, widening doors,
installing accessible door hardware, and installing grab bars in toilet stalls.
The obligation to engage in readily achievable barrier removal is a continuing
one.
The ADA ADA
What can a person do if he or she is being discriminated against
by a place of public accommodation on the basis of his or her HIV status?
A person who believes that he or she is being discriminated
against may file a complaint with the Department of Justice. Complaints may be
directed to the Department of Justice at the address below.
The Department of Justice is authorized to investigate complaints
and to bring lawsuits in cases of general public importance, or where there is
a pattern or practice of discrimination. The Department may seek injunctive
relief (such as having the public accommodation correct its discriminatory
practices), monetary damages, and civil penalties. Due to resource limitations,
the Department is unable to investigate every complaint that it receives.
Individuals are also entitled to bring private lawsuits against
places of public accommodation. If a person files a private lawsuit, he or she
may not seek monetary damages. However, the person may seek injunctive relief
and reasonable attorney's fees and costs.
Does the ADA
Yes. The ADA
·
A public school system may not prohibit
a child with HIV or AIDS from attending elementary school.
·
A county hospital may not refuse to
treat persons with HIV or AIDS.
·
A local police station must make sure
that TTY users, including persons with HIV or AIDS, can call 911 and other
emergency phone numbers directly, without having to go through a relay system.
·
A city emergency medical technician may
not refuse to treat or transport a person with HIV or AIDS.
·
A State-owned nursing home may not
refuse to accept patients with HIV or AIDS.
·
A county recreation center may not
refuse admission to a summer camp program to a child whose brother has AIDS.
·
A paratransit system may not refuse to
transport an eligible rider to an appointment at a medical clinic because that
clinic specializes in treatment of HIV and AIDS.
·
A high school student does volunteer
work at a local AIDS service organization and students at her school, thinking
that she has HIV, harass her. Feeling threatened, she reports the harassment to
a teacher. The harassment rises to a level where it denies or limits her
ability to participate in or benefit from the school’s education program. The
school must take prompt and effective action to address the harassment.
State and local governments must also reasonably modify their
policies, practices, and procedures, must provide auxiliary aids and services
necessary for effective communication, and must make programs, services, and
activities accessible.
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
Individuals are also entitled to bring private ADA
Does the ADA
Housing discrimination is not covered by the ADA
Housing discrimination is illegal in the sale or rental of a
dwelling, including in apartments, houses, nursing homes, assisted living
centers, and group homes, among other housing options.
Persons who
believe that they have been discriminated against in housing because of their
HIV status may contact HUD at 1-800-669-9777 (Voice) or 1-800-927-9275 (TTY) or visithttp://www.hud.gov/complaints/.
Does the ADA
Discrimination by air carriers in areas other than employment is
not covered by the ADA
Persons who
believe that they have been discriminated against
by airlines because they have HIV may contact theU.S.
at1-800-778-4838
(Voice) or 1-800-455-9880
(TTY)
or visit airconsumer.ost.dot.gov/ACAAcomplaint.htm.
by airlines because they have HIV may contact the
at
or visit airconsumer.ost.dot.gov/ACAAcomplaint.htm.
The Department of Justice offers technical assistance
on the ADA
The Equal Employment Opportunity Commission offers technical assistance on ADA
provisions applying to employment and also provides information on how to file ADA
The Job Accommodation Network (JAN) provides information and advice to employers and people with
disabilities on reasonable accommodation in the workplace: 800-526-7234
(Voice); 877-781-9403 (TTY);www.askjan.org
The Department of Housing and Urban Development takes complaints concerning housing-related discrimination: 800-669-9777
(Voice); 800-927-9275 (TTY); www.hud.gov/complaints/
CDC-INFO , the Center
for Disease Control and Prevention's National Contact Center, provides information on a wide variety of disease prevention and
health promotion topics, including on HIV/AIDS. Representatives are available
to answer questions in English and Spanish: 800-CDC-INFO (Voice); 888-232-6348 (TTY); www.cdc.gov/cdc-info/
The U.S. Department of Transportation responds to discrimination by air carriers in areas other
than employment under the Air Carrier Access Act: 800-778-4838 (Voice); 800-455-9880
(TTY);airconsumer.ost.dot.gov/ACAAcomplaint.htm
800-514-0301 (Voice) and
24 hours a day to order publications by mail.
M-W, F 9:30
a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time)
to speak with an ADA Specialist. All calls are confidential.
For persons with disabilities, this publication is available in alternate formats.
to speak with an ADA Specialist. All calls are confidential.
For persons with disabilities, this publication is available in alternate formats.
To file a
complaint with the Department of Justice, go to www.ada.gov/aids.
Complaints may be sent to the Department of Justice as follows:
By mail: US Department of Justice, 950 Pennsylvania Avenue, NW,
Disability Rights Section -- 1425 NYA, Washington, D.C. 20530
By fax:(202) 307-1197
| By email: ADA.complaint@usdoj.gov
Complaints may be sent to the Department of Justice as follows:
By mail: US Department of Justice, 950 Pennsylvania Avenue, NW,
Disability Rights Section -- 1425 NYA, Washington, D.C. 20530
By fax:
Reproduction
of this document is encouraged. June 2012
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