Jury Duty and the ADA

The Mediation Training and Information Center for the ADA received an inquiry regarding Persons Living With AIDS (PLWAs), jury duty, disclosure of a disability, and the ADA. Specifically, the inquirer wanted to know about the rights of PLWAs in the jury selection process.

The Americans with Disabilities Act (ADA) and AIDS

Congress passed the Americans with Disabilities Act in 1990 and it is designed to protect people with disabilities from discrimination. A person with a disability, according to the ADA, is “a person with a physical or mental impairment that substantially limits one or more major life activities; a person with a record of such a physical or mental impairment; or a person who is regarded as having such an impairment.” This definition includes people with AIDS or HIV, thus making it illegal to discriminate against them in employment and provision of services.

The definition is a comprehensive one. The ADA applies to those people who have a disability which limits a “life activity” such as walking, breathing, sleeping, thinking, or eating. It protects those who have had such a disability in the past, such as a person whose cancer is now in remission or a PLWA whose health has improved due to the new AIDS treatments. The law also covers people who are “regarded as having an impairment” i.e. those who may fit some stereotype of a person with a disability, or because of characteristics that someone may consider typical of a PLWA. By definition, the ADA also protects those who are discriminated against simply by virtue of their association or relationship (familial or otherwise) with a PLWA or because of characteristics which someone may consider typical of a PLWA. Spouses or partners of those with a disability are thus also protected.

The ADA and Jury Duty

The ADA affects the jury duty selection process in several ways. Some courts in the United States do not allow people with disabilities to serve on juries. Such blanket exclusions violate the ADA. People with disabilities have a right to serve on juries and cannot be excluded solely on the basis of their disability. In the initial interview stage of jury selection, for example, a clerk cannot demand that a person with a disability disclose that disability. The ADA considers a question discriminatory if it unnecessarily asks a person with certain characteristics whether he or she has a disability. If a potential juror does not need any type of accommodation, it is generally not necessary, and therefore not permitted, to demand disclosure of disability.

While jury duty is both a right and a duty, requesting an exemption from jury duty is considered a special privilege. The court is not denying the person participation and thus has the right to ask for documentation or disclosure. For example, if a person applies for an accessible parking sticker (a privilege or special circumstance), the person may legally be asked to provide proof of a disability. Using this analogy, a person claiming exemption from jury duty because of a disability may be required to disclose the disability. In addition, the court may not grant an exemption to everyone with a disability. Only people with certain disabilities which, by their nature, preclude jury service, may be entitled to an exemption. Therefore those claiming this privilege will have to prove they have such a disability.

If disclosure is necessary for purposes of requesting an accommodation, a modification of the process for disclosure may be required by the ADA, based upon a reasonable expectation of possible future discrimination. A court may be required to provide for disclosure in private, rather than in front of other jurors, parties, and attorneys. An appropriate modification may be to allow a person to disclose the disability in private chambers. If the court refuses to modify the policy, one option for the PLWA is to file a complaint with the Department of Justice. The DOJ handles complaints filed under titles II (state and local government) and III (public accommodations) of the ADA. A number of these complaints are mediated allowing the parties in a disagreement to work together, with the help of a third person, to resolve their disagreement. Another option is to work with the ADA Coordinator in the court system to seek alternative arrangements for disclosing a disability (e.g. writing the disability on paper). A final option is to argue for disclosing the disability in chambers on the grounds of one’s constitutional right to privacy, an option open to all citizens and not just those with a disability.

(The opinions expressed in this article should not be construed as legal advice. For legal advice, contact your attorney, a local legal clinic, or call us for a referral.)