Bragdon v. Abbott
Encyclopedia
Bragdon v. Abbott, 524 U.S. 624 (1998), was a case in which the Supreme Court of the United States
held that reproduction does qualify as a major life activity according to the Americans with Disabilities Act of 1990
(ADA).
positive, was refused service from her dentist
, Randon Bragdon, to fill a cavity. Bragdon submitted that he would agree to fill the cavity if he could perform the work in a hospital setting, but that Abbott would have to pay for the expense of being admitted and using the facility. Abbott sued Bragdon on grounds of discrimination, citing the Americans with Disabilities Act of 1990
. The case was appealed through the court system and eventually was agreed to be heard by the Supreme Court. Abbott’s case was based on the argument that she was a victim of discrimination based on the ADA. Abbott argued that HIV created a “substantial limitation” to life activities, specifically, reproductive ability. Bragdon, the defendant
, retorted that HIV posed a “direct threat” to his health and safety, but that he was willing to work on Abbott should he be able to take “extra precautions” in a hospital setting. Federal trial courts, as well as appellate courts ruled in favor of Abbott.
refuse or alter care of a patient with HIV without violating portions of the ADA?
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Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that reproduction does qualify as a major life activity according to the Americans with Disabilities Act of 1990
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009....
(ADA).
Facts
Sidney Abbott, after disclosing on a form that she was 'asymptomatic' HIVHIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
positive, was refused service from her dentist
Dentist
A dentist, also known as a 'dental surgeon', is a doctor that specializes in the diagnosis, prevention, and treatment of diseases and conditions of the oral cavity. The dentist's supporting team aides in providing oral health services...
, Randon Bragdon, to fill a cavity. Bragdon submitted that he would agree to fill the cavity if he could perform the work in a hospital setting, but that Abbott would have to pay for the expense of being admitted and using the facility. Abbott sued Bragdon on grounds of discrimination, citing the Americans with Disabilities Act of 1990
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009....
. The case was appealed through the court system and eventually was agreed to be heard by the Supreme Court. Abbott’s case was based on the argument that she was a victim of discrimination based on the ADA. Abbott argued that HIV created a “substantial limitation” to life activities, specifically, reproductive ability. Bragdon, the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, retorted that HIV posed a “direct threat” to his health and safety, but that he was willing to work on Abbott should he be able to take “extra precautions” in a hospital setting. Federal trial courts, as well as appellate courts ruled in favor of Abbott.
Issue
The major issues that were heard and decided upon by the Supreme Court included: whether HIV is a disability and reproduction a major life activity under the ADA. Accordingly, can a physicianPhysician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
refuse or alter care of a patient with HIV without violating portions of the ADA?
Decision
The court ruled that reproduction does qualify as a major life activity under the ADA, and that even asymptomatic HIV would qualify Abbott to claim protection from the act. The Court held that the ADA does not force care-givers to treat those who pose a direct threat and that health care professionals cannot be granted deference to their views when serving as a defendant in discrimination cases. The decision does not grant blanket protection under the ADA to all persons with HIV.Reason
The Court utilized the Americans with Disabilities Act of 1990, which aimed to eliminate discrimination towards people with disabilities in the workplace, public areas and by government entities. That includes discrimination towards people with actual disabilities and persons who are regarded or treated as if they have a disability. Specific to the case, the ADA stipulates that those with disabilities cannot be discriminated against medical treatment. In order to receive protection from the ADA, Abbott was required to show that she had an impairment, and that it substantially limited a major life activity, on which the Court sided with her claim.See also
- List of United States Supreme Court cases, volume 524
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume