Facts

The complainant in this case is a 58-year-old woman with Human Immunodeficiency Virus (HIV). The complainant's primary care physician referred her to Dr. Chibuike Anucha, an obstetrician-gynecologist, for evaluation and treatment of uterine fibroids. The referral documentation the complainant's primary care physician sent to Dr. Anucha listed the complainant's medical conditions, including HIV, that is controlled on medication. During the complainant's appointment, Dr. Anucha refused to provide the complainant with a Pap smear. The complainant subsequently received a Pap smear from a nurse at her primary physician's office. The United States of America filed an action against Dr. Anucha to enforce Title III of the Americans with Disabilities Act (ADA).

PLAINTIFF'S CONTENTIONS: Plaintiff contended that complainant is a person with a disability because she has HIV, a physical impairment that substantially limits one or more major life activities, including the function of the immune system. Plaintiff alleged that defendant discriminated against the complainant, an individual with HIV, when defendant refused to provide a Pap smear to complainant because of her HIV, in violation of Title III of the ADA and its implementing regulation. Specifically, during her appointment with defendant, complainant was advised that she needed a Pap smear. Complainant asked if defendant could do the Pap smear, but defendant stated that he would not provide complainant with a Pap smear because he does not provide care for patients with HIV. Plaintiff claimed that defendant also wrote in his patient notes that he told complainant that he would not provide her with a Pap smear because he does not manage high risk patients. Plaintiff contended that defendant thereafter offered to refer complainant to Kern Medical Center for the necessary Pap smear. Plaintiff contended that a Pap smear is a routine medical procedure, and that an individual with HIV is not high-risk for a Pap smear such that referral to a specialist would be necessary.

DEFENDANT'S CONTENTIONS: Defendant denied that he has engaged in a pattern or practice or has maintained a policy of discrimination against individuals in the provision of goods, services, facilities, privileges, advantages, or accommodations on the basis of HIV, and denied the allegations against him.

Injuries

Complainant claimed that she experienced anxiety, embarrassment, and emotional distress as a result of defendant's refusal to treat her based on her HIV.

Result

Under the consent decree, defendant agreed to pay $37,500 to the patient and to pay a $5,000 civil penalty to the United States. The consent decree also requires the defendant to take and provide his staff with training; implement a non-discrimination policy; and comply with record-keeping obligations, including providing regular reports to the department.