[19980710]98-599_美国残疾人法案：该法案涵盖了艾滋病毒感染.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-599 AJuly 10, 1998The Americans with Disabilities Act: HIV Infectionis Covered Under the Act (name redacted)Legislative AttorneyAmerican Law DivisionSummaryIn Bragdon v. Abbott, No. 97-156 (June 25, 1998), the Supreme Court held thatthe respondents asymptomatic HIV infection was a physical impairment impacting onthe major life activity of reproduction thus rendering the HIV infection a disability underthe Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. The Court alsoexamined the ADAs exception regarding a direct threat to the health or safety of othersand found that courts should assess the objective reasonableness of the views of healthcare professionals by looking to the views of public health authorities but that theseviews could be rebutted by citing a credible scientific basis for deviating from theaccepted norm. Bragdon was remanded for further proceedings regarding the questionof risk. Bragdon v. Abbott has been heralded as a significant decision advancing the rightsof individuals who have asymptomatic HIV infection. It also has broader implicationson th