Bragdon v. Abbott, 524 U.S. 624 (1998) (O'Connor, J., concurring in part and dissenting in part)

Court and Agency Decisions and Orders (including case law)

The Supreme Court, faced with a charge of discrimination against a dentist who refused to fill a cavity for an HIV-positive patient, found that HIV is an impairment under the Americans with Disabilities Act (ADA) and that discrimination on the basis of HIV is actionable under the ADA. In this opinion, Justice O’Connor agreed with the dissenters that Abbott’s claim should have been evaluated on an individual basis. She also agreed that remand on the issue of direct threat was appropriate.