Facts

The complainant in this case is a 58-year-old woman with Human Immunodeficiency Virus (HIV). The complainant contacted the office of Dr. Umaima Jamaluddin, M.D. to make an appointment with an obstetrician-gynecologist for a preventative care visit, including a Pap smear. When Dr. Jamaluddin's office failed to respond to the complainant's request for an appointment, she sought and received a Pap smear from a nurse at her primary physician's office. The United States of America filed an action against Dr. Jamaluddin 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, plaintiff alleged that defendant refused to allow complainant to make an appointment for a Pap smear because complainant has HIV. Plaintiff alleged that complainant contacted defendant's office to make an appointment for a preventative care, including a Pap smear. Complainant spoke with defendant's employee, Laura Dominguez, and disclosed to Dominguez that she had HIV. Dominguez responded that defendant had never dealt with an HIV-positive patient before, so she would ask defendant about it and call complainant back. Plaintiff claimed that complainant never received a call back from defendant's office. Plaintiff alleged that when complainant called defendant's office back, Dominguez informed complainant that she could not see defendant because complainant has HIV. Plaintiff contended that Dominguez 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.

Other Information

This case is related to The United States of America v. Chibuike Enyereibe Anucha, M.D. PC, Case Number: 1:21-cv-00055-EPG