Jul 17, 2009
Yesterday, July 16th, the US Justice Department released a technical assistance fact sheet clarifying the ADA's requirements relating to admitting individuals with HIV or AIDS to occupational training schools and granting state licensure in occupations such as barbering, massage therapy, and home health care assistance. The fact sheet was necessary because overly broad state licensure requirements that applicants for these occupations be free from communicable diseases have unfairly discriminated against persons with HIV or AIDS. In the press release announcing the fact sheet, the Justice Department affirmatively states that HIV is not communicated through casual contact and excluding individuals with HIV under these licensure requirements is unnecessary and discriminates against these individuals in violation of the Americans with Disabilities Act. The fact sheet is intended to provide guidance for state licensing agencies and occupational training schools so that individuals with HIV or AIDS have an equal opportunity to pursue these professions.
Loretta King, Acting Assistant Attorney General for the Department's Civil Rights Division, said:
"People with HIV or AIDS should not be denied access to their chosen profession because of outdated laws or unfounded stereotypes and fears. The Civil Rights Division of the U.S. Department of Justice is committed to the full and fair enforcement of the Americans with Disabilities Act."
The new fact sheet is brief, clear, to the point, and can be found on the Department of Justice website.
