Questions and Answers about hiv/aids


Human Rights, Stigma and Confidentiality



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Human Rights, Stigma and Confidentiality
21. Are there laws in New York State that protect the
confidentiality and human rights of people living
with HIV?
Yes New York State Public Health Law (Article F) protects the confidentiality and privacy of anyone who has been tested for HIV exposed to HIV diagnosed with HIV or HIV/AIDS-related illness treated for HIV/AIDS-related illness
Discrimination against persons living with HIV in the areas of employment, housing, public accommodation, healthcare, and social services is prohibited bylaw The Americans with Disabilities Act (ADA) gives Federal civil rights protections to individuals with disabilities similar to those provided to

individuals on the basis of race, color, sex, national origin, age, and religion People living with HIV, both symptomatic and asymptomatic, are protected by the ADA because HIV is considered a disability The ADA also protects persons who are discriminated against because they have a record of or are regarded as having HIV, or they have a known association or relationship with an individual who has HIV Persons who are discriminated against because they are regarded as being a person living with HIV are also protected For example, the ADA would protect a person who is denied an occupational license or admission to a school on the basis of a rumor or assumption that he or she has HIV or AIDS, even if he or she does not, as protected bylaw The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities, including HIV or AIDS The FHA prohibits discrimination in the sale or rental of housing (such as apartments, houses, mobile homes, nursing homes, assisted living centers, group homes, student housing, and homeless shelters, and in other residential real estate transactions

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