One of the hot topics brewing today concerns that of a 13-year old HIV-positive boy and the prestigious Milton Hershey school, based in Pennsylvania. The institution caters to less-fortunate children in the Pre-K through twelfth grades. Despite the child being on a regular course of HIV treatments that are said to reduce the risk of transmission significantly, the school administration decided to deny the child's admittance.
According to the amended American Disabilities Act, the school may not discriminate against those with HIV:
III. Public Accommodations
1. Q: What is a public accommodation?
A: A public accommodation is a private entity that owns,
operates, leases, or leases to a place of public accommodation.
Places of public accommodation include a wide range of entities,
such as restaurants, hotels, theaters, doctors offices,
dentists offices, hospitals, retail stores, health clubs,
museums, libraries, private schools, and day care centers.
Private clubs and places run by religious organizations are not
considered places of public accommodation.Anyone see a problem here?
Combating institutional discrimination with regard to actual “public,” or rather government controlled entities, doesn't seem unreasonable. However, imposing such guidelines on privately ran companies and/or schools represents a serious overreach by the Federal government.
Despite the relatively low chances of another child contracting HIV from the applicant, thanks in part to medicinal advances, either by sexual contact or from sharing a shaving razor, bloody fist fights, accidents, etc.--what would the Milton Hershey School's liabilities be if the child did in fact infect one or several children?
What would stop the parent(s) from suing? How many parents would pull their child out of the school, through legitimate concerns or fears born from ignorance?
While the Milton Hershey School is non-profit, it's success is dependent on having a good image and producing results; like any other private business or organization.
The court of public opinion, with a dose of free-market principles, may negatively impact the school, regardless if the “direct threat” loophole cited by the institution ends up being a viable defense. For the Milton Hershey School, the whole ordeal will turn into a lose/lose situation.
The question isn't whether the Milton Hershey School should admit the child; the question is if the Federal government has the right to force private entities into taking risk, no matter how significant, or to dictate who they should accept.
For more details on the restrictions, check out the ADA Questions and Answers page concerning HIV discrimination.
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