Bragdon v. Abbott

1998

Venue: SCOTUS

Facts: Abbott has HIV. A dentist refuses to treat her, except in a hospital where things are fancier, but there would be additional fees.

Posture: Suit under ADA.

Issue: Is this a disability under ADA? If so, can this condition be imposed upon treatment?

Holding: Yes. And no, on this record.

Rule: A disability is a "physical or mental impairment that substantially limits one or more of the major life activities. To impose this treatment condition, there'd have to be a showing of "a direct threat to the health and safety of others."

Reasoning: All kinds of ways that it affects your major life activities.

There's no evidence that the hospital has the protections asserted, and there's no evidence the dentist could practice there, and there's no evidence that those protections would reduce the risk.


Dicta: Rhenquist: reproduction isn't a major life activity.