Bragdon v. Abbott
United States Supreme Court
524 U.S. 624 (1998)
Abbott (plaintiff), HIV-positive but asymptomatic, disclosed her status to dentist Dr. Bragdon (defendant), who refused to fill her cavity in his office under a blanket policy against treating HIV-positive patients there, instead offering (at her own added expense) to do the procedure in a hospital. Abbott sued under the ADA, and the court of appeals granted her summary judgment, finding no direct threat to others from treating her in the office; Bragdon appealed, and the Supreme Court granted certiorari to assess whether the record supported that finding.
Whether the assessment of a significant risk to the health and safety of others under the ADA's direct-threat exception must be made by the treatment provider based on objective medical or scientific evidence.