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HIV/AIDS Patients Press Top Court to OK Suit Against CVS Policy

Oct. 25, 2021, 3:08 PM

Federal disability bias laws prohibit a mail-order pharmacy policy that has an unintended discriminatory effect on HIV/AIDS patients and other people with disabilities, the patients told the U.S. Supreme Court.

Their arguments came in a case testing whether disparate impact claims are available in suits brought under the Rehabilitation Act’s Section 504 and, by extension, Section 1557 of the Affordable Care Act. The court’s decision in the case—set to be argued Dec. 7—will clarify the causes of action available under the laws.

A disparate impact claim challenges conduct that, while not intended to be discriminatory, has a negative effect on ...