b. Americans With Disabilities Act (ADA)
A lawyer’s office is specifically covered by the Americans with Disabilities Act.21 Title III of the ADA prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” 22 Certain private entities, including an “office of an accountant or lawyer,” are considered public accommodations if the operations of such entities affect commerce.23 A lawyer may not refuse to represent a client due to the client’s disability unless the disability poses a “direct threat” to the health or safety of others.24
In Bragdon v. Abbott,25 a federal case also involving a dentist’s refusal to treat a patient with HIV, the U.S. Supreme Court determined that individuals with asymptomatic HIV are disabled under the...
