"Disability Status" for Asymptomatic HIV? Pondering the Implications, Unanswered Questions, and Early Application of Bragdon v. Abbott

Authors

Ann Marie Girot

Abstract

Overall, a number of implications and unanswered questions arise from Bragdon v. Abbott. Even though the majority held that asymptomatic HIV was an impairment that substantially limited the major life activity of reproduction, the majority failed to show that reproduction was actually a major life activity "of' the HIV positive plaintiff. Consequently, the Court opened the door for an onslaught of questions concerning the applicability of ADA coverage to those who may "choose not to reproduce" based on a fear of passing to offspring inheritable diseases and other contagious conditions.

Recommended Citation

Girot, Ann Marie (1999) ""Disability Status" for Asymptomatic HIV? Pondering the Implications, Unanswered Questions, and Early Application of Bragdon v. Abbott," Utah Law Review: Vol. 1999: No. 3, Article 7.
Available at: https://dc.law.utah.edu/ulr/vol1999/iss3/7