US: appeals court dismisses employment discrimination suit by HIV-positive dental hygienist

Shortly before the decision in Toyota Motor Manufacturing, the US Court of Appeals (11th Circuit) issued another restrictive judgment, in a case dealing specifically with HIV-based discrimination. On 21 December 2001, in Waddell v Valley Forge Dental Associates Inc, it dismissed the case of a dental hygienist who sued his employer for suspending him from treating patients after he tested HIV-positive. The decision is a setback for efforts to ensure that the Americans with Disabilities Act translates into actual protection against discrimination for people with HIV/AIDS.