The Majority Opinion
The Court first considered whether the plaintiff was disabled 
  as defined in the ADA. The relevant section is 12102(2)(A) "a physical or mental 
  impairment that substantially limits one or more of the major life activities 
  of such individual." Before discussing whether the plaintiff met this test, 
  the Court indirectly addressed the lower courts' attempts to narrow the ADA 
  by over restrictive readings of its provisions. The Court noted that when Congress 
  uses well-established terms, it intends that they be construed in accordance 
  with established interpretations, and that this is explicit in the ADA: "Except 
  as otherwise provided in this chapter, nothing in this chapter shall be construed 
  to apply a lesser standard than the standards applied under Title V of the Rehabilitation 
  Act of 1973 (29 U.S.C. § 790 et seq.) or the regulations issued by Federal 
  agencies pursuant to such title."
The Court found that the plaintiff had to show three things: 
  (1) that HIV was a physical impairment; (2) that it affected some major life 
  activity; and (3) that this limitation be substantial. All of the judges' opinions 
  accepted that HIV infection, irrespective of the symptoms, is a physical impairment 
  as contemplated by the ADA. The Court's opinion goes into unnecessary length 
  on the technical details of HIV infection. (Although these are not necessary 
  to its conclusions, most courts cannot resist the temptation to lift scientific 
  jargon from the briefs before them, irrespective of whether it is relevant or 
  even in evidence.) 
The Court's analysis is complicated by the politics of HIV-related 
  disability litigation. The position of AIDS rights organizations is that asymptomatic 
  HIV infection has no effect on the infected person's ability to carry on day-to-day 
  life activities. This position is incompatible with the requirements of the 
  ADA-if there is no effect on a major life activity, then the physical impairment 
  is not a covered disability. However, conceding that asymptomatic HIV infection 
  does have an effect on major life activities means that employers and others 
  might have a right to know HIV status if its effect on major life activities 
  might endanger others. Plaintiff finessed this by focusing on her ability to 
  bear children.
Defendant argued that reproduction, as the court termed it, 
  was not a major life activity as contemplated by the ADA. Defendant's theory 
  was that the ADA required that the life function affected be of a public, economic, 
  or daily character. (Although not put in these terms, this essentially means 
  that the disability be related to the claimed discrimination.) In what may be 
  the most significant part of the opinion, the Court found that a major life 
  activity need not be economic, public, or recurrent, that the key word was major, 
  and that reproduction was a major life activity. This analysis potentially overrules 
  many circuit cases that used a very narrow definition of major life activity.
The third prong of the ADA definition is whether the impairment 
  affects the major life activity. Plaintiff argued that the chance of infecting 
  a partner and passing the infection on to her children affected the major life 
  activity of reproduction. The Court could find no guidance on this issue, but 
  agreed that these factors certainly affected a person's decision to have children. 
  The Court held that this satisfied the ADA requirements, making her HIV infection 
  a covered disability.
   
The Climate Change and Public Health Law Site
  The Best on the WWW Since 1995! 
  Copyright as to non-public domain materials
  See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
  Professor Edward P. Richards, III, JD, MPH -  Webmaster
   
Provide Website Feedback - https://www.lsu.edu/feedback
  Privacy Statement - https://www.lsu.edu/privacy
  Accessibility Statement - https://www.lsu.edu/accessibility