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   SUPREME COURT/Key Cases 1997-1998


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Americans With Disabilities Act:
Bragdon v. Abbott

Appealed From: U.S. Court of Appeals, 1st Circuit
Subjects: Title III of the Americans with Disabilities Act; HIV; Duties of Health Care Providers

Argued: March 30, 1998

Decided: June 25, 1998
Vote: 5-4

At Issue: Whether people who are infected with HIV, even if they have no AIDS-related symptoms, are protected from discrimination under the Americans With Disabilities Act.

Decision: By a 5-4 vote, the court ruled that HIV-infected people are protected by the federal ban on discrimination against the disabled, even if they suffer no symptoms of AIDS.

Read the full text of the Bragdon v. Abbott decision at the Findlaw Internet Legal Resources Web site.

Listen to the Bragdon v. Abbott oral argument in RealAudio at the Oyez Oyez Oyez Web site.

Read the full text of the 1997 lower court case, Abbott v. Bragdon, from the U.S. Court of Appeals, 1st Circuit Web site. The case is also available at FindLaw.

Read the full text of the Americans with Disabilities Act, along with more information at the ADA Home Page at the Department of Justice Web site.


Background from The Post
Disability Law Covers HIV, Justices Rule (June 26, 1998)
Ruling Shows How Far Nation Has Come on Epidemic (June 26, 1998)
Court Hears Arguments in AIDS Discrimination Case (March 31, 1998)
Is HIV Covered by Disability Act? (March 29, 1998)
U.S. Asks High Court to Rule AIDS Virus a Disability (Feb. 7, 1998)

Sources: The Washington Post, Supreme Court, The United States Law Week (a Bureau of National Affairs, Inc. publication)


© Copyright 1998 The Washington Post Company

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