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1992.04.21 :  HIV -- Civil Rights Enforcement

Contact: John Gibbons (202) 245-6343  
April 21, 1992

        HHS Secretary Louis W. Sullivan, M.D., today announced a
favorable decision in the first federal civil rights enforcement
action based on discrimination against an individual with HIV.    
    Administrative Law Judge Steven T. Kessel found that the
Westchester County Medical Center in Valhalla, N.Y., engaged in
unlawful discrimination and ordered the termination of federal
financial assistance to the hospital.  WCMC has received
approximately $107 million in federal funds annually.
        As result of an Aug. 5-12, 1991, hearing Judge Kessel
concluded that in denying a pharmacist infected with HIV the
equal opportunity to perform the full range of duties normally
associated with the job he was seeking, WCMC discriminated
against the pharmacist in violation of Section 504 of the
Rehabilitation Act of 1973.  Section 504 prohibits acts of
discrimination against handicapped persons by entities receiving
federal assistance.
        After reviewing extensive evidence, including testimony
from officials charged with public health responsibilities, Judge
Kessel concluded that the risk that the pharmacist would transmit
HIV in performing his duties was so small as not to be
measurable.
        HHS General Counsel Michael J. Astrue said, "It is a
sound and thoughtful decision.  It sends a clear signal that
recipients of federal funds must treat individuals with HIV in a
fair and dignified manner."


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