Justice Department Settles with Pennsylvania School for $715,000 Over Exclusion of Child with HIV

The Justice Department announced today that it and the AIDS Law Project of Pennsylvania have reached a settlement with the Milton Hershey School of Hershey, Pa., to remedy alleged violations of the Americans with Disabilities Act (ADA). The agreement resolves allegations that the school violated the ADA by refusing to consider a child, known by the pseudonym Abraham Smith, for enrollment due to the fact that he has HIV.

Under the settlement agreement, the school is required to pay $700,000 to Smith and his mother, adopt and enforce a policy prohibiting discrimination and requiring equal opportunity for students with disabilities, including those with HIV, in the school’s programs and services, and to provide training to staff and administrators on the requirements of the ADA. T he school must also pay a $15,000 civil penalty to the United States.

“Children should not be denied educational opportunities simply because they have HIV,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “This settlement sends a clear message that unlawful discrimination against persons with HIV or AIDS will not be tolerated.”

“This is a very significant case, affirming the rights of persons with HIV, and we applaud the school for working so cooperatively to amend its position on this matter,” said Zane David Memeger, U.S. Attorney for the Eastern District of Pennsylvania.

The ADA requires public accommodations, including private schools such as the Milton Hershey School, to provide individuals with disabilities, including people with HIV, equal access to goods, services, privileges, accommodations, facilities, advantages and accommodations.

The Department of Justice provides a webpage specifically dedicated to information about the ADA and HIV at www.ada.gov/aids. Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov. ADA complaints may be filed by email to ada.complaint@usdoj.gov.