HHS Fact Sheet - June 10, 1993
U.S. Department of Health and Human Services, Office for Civil Rights

The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (DHHS) enforces Federal laws that prohibit discrimination by health care and human service providers that receive funds from DHHS. One such law is Section 504 of the Rehabilitation Act of 1973, which protects individuals infected with the Human Immunodeficiency Virus (HIV)-also known as the Acquired Immune Deficiency Syndrome (AIDS) virus-from discrimination.

In this fact sheet, the phrase "persons with HIV infection" also means persons who are HIV positive, have AIDS, or AIDS-related conditions.

WHAT IS SECTION 504?

Section 504 is a national law that protects qualified individuals from discrimination based solely on their handicap. The law prohibits discrimination against persons infected with the HIV. It forbids an entity which receives Federal funds from excluding or denying individuals with handicaps an equal opportunity to receive program benefits and services. Section 504 also defines the rights of individuals with handicaps to participate in and have access to program benefits and services. The law also covers discrimination in employment matters. further, the law bars discrimination against individuals with a history of a handicap or who perceived or treated as having a handicap.

SECTION 504 PROTECTS QUALIFIED PERSONS WITH HIV INFECTION

Although HIV infection is considered to be a protected handicap, affected persons also must meet the legal requirements for a qualified individual with handicaps is defined as follows:

For purposes of employment, qualified individuals with handicaps are persons who, with reasonable accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform. Reasonable accommodation means an employer is required to take reasonable steps to accommodate your disability unless it would cause the employer undue hardship.

For purposes of receiving services, education or training, qualified individuals with handicaps are persons who meet normal and essential eligibility requirements.

Section 504 applies to employers and organizations which receive federal financial assistance from any Federal department or agency, including the DHHS. The DHHS Section 504 regulation can be found at 45 CFR Part 84.

TYPES OF DISCRIMINATION AGAINST PERSONS WITH HIV INFECTION

Persons with HIV infection have been terminated from their jobs, denied access to social services, or denied medical treatment solely because of their handicap. Individuals have been similarly treated because they have been perceived as having HIV infection. Such actions by an agency, institution, hospital, nursing home, drug treatment center, clinic, organization or other entity receiving Federal funds may constitute unlawful discrimination under Section 504.

HOW TO FILE A COMPLAINT WITH OCR

If you believe that you have been discrimination against because of your handicap, including HIV infection, you or your representative may file a complaint with OCR. The complaint must be filed within 180 days from the date of the alleged discriminatory act. (OCR may extend the 180-day period if good cause is shown.) Include the following information in your written complaint, or request a Discrimination Complaint Form from OCR:

o Your name, address and telephone number. You must sign your name. (If you file a complaint on someone's behalf, include your name, address, telephone number, and statement of your relationship to that person-e.g., spouse, attorney, friend, friend, etc.)

o Name and address of the institution or agency you believe discriminated against you.

o How, why and when you believe you were discriminated against you.

o Any other relevant information.

Send the complaint to the OCR regional office below or to the Washington, D.C. headquarters address on the front of this Fact sheet. Upon receipt of your complaint, OCR staff will expedite review to determine coverage under Section 504. If your complaint raises covered issues, an investigation will be initiated.

If discrimination is found, OCR will negotiate with the institution or organization to voluntarily correct the discriminatory action. If negotiations are unsuccessful, enforcement proceedings may be instituted to suspend or terminate Federal funding. Under Section 504, you also have the right to consult a private attorney and to seek relief through the filing of a private lawsuit against the organization you allege discriminated against you.

Once a complaint is filed with OCR, the law prohibits the alleged discriminating party from taking retaliatory actions against a complainant or any person who provides information to OCR regarding a complaint. OCR should be notified immediately in the event of any retaliatory action.

If it is determined that your complaint is not within OCR's jurisdiction, OCR may forward it to an appropriate agency that may be able to help you.

For more information about HIV infection as it relates to Section 504, as well as information on other laws enforced by OCR, contact the OCR office below or headquarters. For circumstances where you require a quick answer regarding a civil rights problem, you may call us at the following hotlines:

Washington, DC Area Outside Washington, DC Area Voice: 863-0100 Voice: 1-800-368-1019 TDD: 863-0101 TDD: 1-800-537-7697

Office of Civil Rights employees will make every effort to provide prompt service.