FOR IMMEDIATE RELEASE                                          CR
THURSDAY, JANUARY 18, 1996                         (202) 616-2765
                                               TDD (202) 514-1888

                                 
VIRGINIA FUNERAL HOME AGREES TO PAY DAMAGES TO NINE FAMILIES TO
              SETTLE AIDS DISCRIMINATION COMPLAINT
                                

     WASHINGTON, D.C. -- A Portsmouth, Virginia funeral home
which charged extra money for embalming the bodies of persons who
died from AIDS has agreed to pay damages to the families and to
initiate a new policy to prevent HIV/AIDS-related discrimination,
under an agreement reached today with the Justice Department.
     Today's agreement resolves allegations lodged against the
Fisher Funeral Home, in Portsmouth, under the Americans with
Disabilities Act (ADA).  In July 1993, a family filed a complaint
with the Justice Department alleging they were charged an
additional $300 to embalm the remains of their son because he was
infected with the AIDS virus.  A subsequent investigation by the
Department determined that during a 16-month period, between July
1992 and November 1993, the Fisher Funeral Home required eight
other families to pay an additional charge for embalming services
for individuals who died from AIDS-related complications.
     Because morticians and funeral home employees are legally
required to treat all bodies as if they have an infectious
disease, there is no basis for charging more when the deceased
has AIDS or any other disease. 
      "Charging additional fees for the same service, especially
when grieving families are involved, is simple discrimination,"
said Assistant Attorney General for Civil Rights, Deval L.
Patrick.  Patrick noted that the National Funeral Directors
Association has for several years advised its members that the
ADA prohibits funeral directors from charging more for handling
an AIDS-related death on the basis that the deceased had AIDS.  
     Under today's agreement, Fisher Funeral Home has agreed to
the following:
    Adopt and post a written policy prohibiting discrimination  
on the basis of disability, including HIV and AIDS;
    Pay reimbursements and damages to the complainant and each 
 of the remaining eight families; 
  
    Provide training for Funeral Home employees concerning  
      universal precautions and Occupational Safety and Health 
      Administration ("OSHA") requirements.    

     Title III of the ADA prohibits discrimination against
persons with disabilities in places of public accommodation, such
as funeral homes which provide services to the public.  Testing
positive for HIV and having AIDS are both considered disabilities
under the ADA.  OSHA (Occupational Safety and Health
Administration) has established regulations which require
morticians and funeral home employees to treat all remains as if
they have an infectious disease.
     Information about the ADA may be obtained by calling the
Justice Department's toll-free ADA Information Line.  The hotline
was established by the Attorney General as part of a nationwide
campaign to educate the public about the ADA.  The number is 800-
514-0301 or 800-514-0383 (TDD).  
                             # # #

96-007