Human Immunodeficiency Virus (HIV) infection is a chronic, manageable medical condition that affects the body’s immune system. While modern antiretroviral therapy (ART) has transformed HIV into a condition where people can lead long, productive lives, the virus still carries significant legal weight. Under United States federal law, a diagnosis of HIV is legally recognized as a disability. This classification provides specific protections against discrimination and may qualify an individual for federal financial assistance programs.
Defining HIV as a Protected Disability
The federal definition of disability is established by a standard that centers on whether a physical or mental impairment substantially limits one or more major life activities. HIV meets this standard by being a physiological disorder that affects the hemic and lymphatic body systems, specifically the immune system itself. This classification is made regardless of whether the person is currently symptomatic or managing the condition effectively with medication.
The Supreme Court and later amendments to the law confirmed that a person with HIV has a disability from the moment of diagnosis. The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) solidified this by mandating that the determination of a disability must be made without considering the mitigating effects of treatment, such as antiretroviral therapy. Therefore, the legal status of HIV as a disability is independent of a person’s current health status or viral load.
Anti-Discrimination Laws and Reasonable Accommodations
The primary federal law providing protection is the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability across several sectors of public life. Title I of the ADA applies to employment, making it unlawful for employers with 15 or more employees to discriminate in hiring, firing, or promotion. This protection extends to applicants and employees living with HIV who are otherwise qualified to perform the job’s essential functions.
Employers are required to provide a “reasonable accommodation” to a qualified employee with a disability, unless doing so would cause an “undue hardship” on the business. For a person with HIV, this might involve modifying a work schedule to allow for regular medical appointments or adjusting a workspace to help manage fatigue or other side effects from medication. An undue hardship is defined as an action requiring significant difficulty or expense, and it cannot be claimed based on the fears or prejudices of co-workers or customers.
Title II and Title III of the ADA extend anti-discrimination principles to state and local government services and public accommodations. A person with HIV cannot be denied access to public transportation, government programs, or services offered by private entities like medical offices, restaurants, or retail stores. Refusing to provide dental care or denying entry to a public facility based on HIV status violates these laws.
To maintain privacy, the ADA requires that an employee’s medical records concerning their HIV status be kept confidential and separate from their general personnel file. Disclosure is only required when requesting a reasonable accommodation, and the employee may only need to state they have a medical condition covered by the ADA that necessitates a specific adjustment. The employer can request medical documentation to substantiate the need.
Qualifying for Federal Financial Assistance
While the ADA focuses on civil rights and anti-discrimination, the Social Security Administration (SSA) manages federal financial assistance programs, primarily Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The criteria for these benefits are distinctly different from the ADA’s definition, as the SSA requires proof that the condition prevents the individual from working. Specifically, a person must be unable to engage in “Substantial Gainful Activity” (SGA).
SGA is defined by a monthly earnings limit, which for non-blind individuals in 2026 is set at $1,690. If an applicant is earning more than this amount, their application for disability benefits is denied at the first step of the SSA’s five-step sequential evaluation process. This process then determines if the impairment is severe, meets a specific medical listing, and prevents the applicant from performing past work or any other work in the national economy.
To meet the medical requirements at the third step, the impairment must meet or equal a listing in the SSA’s official Listing of Impairments, often called the “Blue Book.” HIV infection is addressed under Listing 14.11, which specifies conditions and complications severe enough to prevent work. A person may qualify by having a very low CD4+ T-cell count (50 cells/mm3 or less) or by experiencing aggressive, opportunistic infections like pulmonary Kaposi sarcoma or progressive multifocal leukoencephalopathy.
The listing also covers individuals who experience repeated manifestations of HIV infection that result in marked limitations in functioning, such as daily living activities, social functioning, or concentration. This functional assessment is relevant for those whose condition is medically managed but who still suffer from significant side effects like persistent fatigue, pain, or neurocognitive issues. Qualifying for SSDI or SSI is based on a comprehensive review of medical history and current functional limitations, confirming the inability to sustain competitive employment.