Bragdon v. Abbott

Bragdon v. Abbott, 524 U.S. 624 (1998), was a case in which the Supreme Court of the United States held that reproduction does qualify as a major life activity according to the Americans with Disabilities Act of 1990 (ADA).

Bragdon submitted that he would agree to fill the cavity if he could perform the work in a hospital setting, but that Abbott would have to pay for the expense of being admitted and using the facility.

Bragdon, the defendant, retorted that HIV posed a “direct threat” to his health and safety, but that he was willing to work on Abbott should he be able to take “extra precautions” in a hospital setting.

The Court held that the ADA does not force care-givers to treat those who pose a direct threat and that health care professionals may not be granted deference to their views when serving as a defendant in cases of alleged discrimination.

In order to receive protection from the ADA, Abbott was required to show that she had an impairment, and that it substantially limited a major life activity, on which the Court sided with her claim.