May 15, 2015
On Wednesday, May 6, 2015, the DOJ filed a lawsuit, alleging discrimination on the basis of disability, against the Springfield Medical Aesthetic and Emmanuel O. Asare, M.D. The suit is against both the plastic surgeon practice and the surgeon in that practice. The suit alleges the doctor and the practice unlawfully discriminated against a prospective patient on the basis of his disability by refusing to provide services to the patient. Moreover, the practice and doctor never even conducted a medical assessment of the patient's condition, because he has HIV.
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination by doctors, lawyers, hospitals, restaurants, retail stores, hotels, private transportation providers, and other private businesses and nonprofit organizations that provide services to the public. All of these entities are prohibited from excluding individuals with disabilities from their services and programs because they have a serious medical condition, such as HIV. A copy of the DOJ complaint can be found at http://www.ada.gov/asare_complaint.html