Matter of Martell v. North Shore Univ. Hosp., 612 N.E.2d 127 (N.Y. 1993)

A medical facility’s use of heightened precautionary measures based on a good faith, medically supported belief that a patient is at risk for carrying a contagious virus does not constitute unlawful discrimination under the State Human Rights Law, even if the perception of risk is later proven inaccurate.

Summary

David Martell filed a complaint with the New York State Division of Human Rights (DHR) alleging that North Shore University Hospital discriminated against him based on a perceived disability (being at high risk for AIDS) when he was treated under the hospital’s