Reading Room Document
Application of Section 504 of the Rehabilitation Act to Persons with AIDS, AIDS-Related Complex, or Infection with the AIDS Virus
The Department of Health and Human Services asked the OLC several questions regarding the applicability of Section 504 of the Rehabilitation Act of 1973 to individuals who were diagnosed with AIDS, AIDS-related complex (“ARC”), or who tested positive for AIDS antibodies. The OLC concluded that Section 504 prohibited discrimination based on the disabling effects that AIDS and AIDS-related conditions had on those diagnosed with the disease. However, the OLC also concluded that an individual’s real or perceived risk of transmission to others was not a “handicap” that fell under the meaning of Section 504 of the Act, meaning that discrimination on the basis of risk of transmission was not prohibited.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit