Smith v. Milton Hershey School, Complaint, U.S. District Court for the Eastern District of Pennsylvania, AIDS Law Project of Pennsylvania (Nov 30, 2011)

Pleadings and Briefs

This complaint was filed November 30, 2011 by the AIDS Law Project of Pennsylvania, alleging that the Milton Hershey School in Hershey, Pa. has violated multiple anti-discrimination laws by refusing to enroll a 13-year-old pupil because he has HIV. The plaintiffs are seeking relief under Title III of the Americans with Disabilities Act of 1990, and applicable state law. The complaint alleges that the residential school refused to consider the plaintiff for admission based solely on his HIV status, and requests, among other things, that the school admit the 13-year-old, develop an anti-discrimination policy and conduct sensitivity training for all staff regarding HIV. The complaint also requests awards for compensatory and punitive damages, costs and attorneys fees.

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