Court says woman can't get ADA injunction unless discrimination persists. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.

Court says woman can't get ADA injunction unless discrimination persists. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

AIDS Policy Law. 1995 Feb 10;10(2):5. Unique Identifier : AIDSLINE AIDS/95700165

Abstract: A Federal court ruling in Georgia limits a person's chances to obtain an injunction to deter AIDS-related discrimination. The decision raises questions about the ability to obtain injunctive relief under the Americans with Disabilities Act (ADA) in cases where the discrimination is alleged to have been caused by something other than structural barriers. Esther Atakpa sued Perimeter Ob-Gyn Associates, a provider of obstetric and gynecological care in Georgia, alleging that its policy requiring high-risk patients to undergo testing for HIV is unlawful under Title III of the ADA. The District Court judge determined that Atakpa lacked standing because her challenge was only directed at Perimeter's HIV testing procedures regarding pregnant patients -- not of a denial of treatment because of her actual or perceived HIV status.

Keywords: *Acquired Immunodeficiency Syndrome/COMPLICATIONS AIDS Serodiagnosis/*LEGISLATION & JURISPRUD Disabled/*LEGISLATION & JURISPRUD Female Georgia Government Human Human Rights/*LEGISLATION & JURISPRUD Pregnancy Pregnancy Complications, Infectious/DIAGNOSIS NEWSLETTER ARTICLE
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