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July 22, 2009
New Guidance on Rights of Workers with HIV

The Justice Department has released guidance for state licensing agencies and occupational training schools so that individuals with HIV or AIDS have an equal opportunity to pursue occupations such as barbering, massage therapy, and home healthcare assistance.

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In issuing the guidance, which is in a question and answer format, the department said that individuals with HIV and AIDS unfortunately still face obstacles in obtaining training and state licensure in these occupations because of overly broad state licensure requirements that applicants be free of communicable diseases. The department says that because HIV disease is not communicated through casual contact, excluding individuals with HIV under these licensure requirements is unnecessary and discriminates against these individuals in violation of the Americans with Disabilities Act.

"People with HIV or AIDS should not be denied access to their chosen profession because of outdated laws or unfounded stereotypes and fears. The Civil Rights Division of the U.S. Department of Justice is committed to the full and fair enforcement of the Americans with Disabilities Act," said Loretta King, Acting Assistant Attorney General for the Civil Rights Division.

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