Breon Peace, United States Attorney for the Eastern District of New York, announced a settlement with Advanced Dermatology, PC, a New York-based practice with dermatology offices located throughout the metropolitan area and other states, resolving allegations that one of its medical doctors violated Title III of the Americans with Disabilities Act (ADA), by refusing to perform a scheduled procedure on an individual with human immunodeficiency virus (HIV) until the end of the day after all other patients had been treated or reschedule his appointment for another day when no other patients were being treated. This matter was initiated after the U.S. Department of Justice received a complaint from John Doe, an individual who is HIV-positive. John Doe alleged that a dermatologist employed by Advanced Dermatology at its Fresh Meadows, New York office refused to perform a Mohs micrographic surgery on a scheduled date and time. The surgical procedure had been scheduled to treat John Doe’s basal cell carcinoma.
The United States’ investigation determined that the dermatologist refused to perform the scheduled surgery, and that the dermatologist told John Doe that the reason for his refusal was John Doe’s HIV-positive status and concern for the safety of a technician working with the doctor. The dermatologist told John Doe that he would need to wait until the end of the day after all other patients had been treated or reschedule his appointment for another day when no other patients were being treated. John Doe left Advanced Dermatology that day without being treated. The United States determined that Advanced Dermatology discriminated against John Doe on the basis of his HIV status in violation of Title III of the ADA.
