The Robert E. Coyle Federal Courthouse in Downtown Fresno. File photo

The Justice Department announced today that it has filed proposed consent decrees with two OB/GYNs in Bakersfield, resolving lawsuits stating the doctors violated federal law by discriminating against HIV patients.

Umaima Jamaluddin, MD, and Chibuike Enyereibe Anucha, MD, PC, violated the American with Disabilities Act when refusing to provide routine medical care to a patient.

“People with HIV have the right to equal access to doctors and medical services,” said Kristen Clarke, assistant attorney general of the Justice Department’s Civil Rights Division.

Title III of the ADA prohibits doctors and other health providers from discriminating against people based on a number of factors, including physical and health-related issues.

“The Justice Department remains steadfast in our commitment to eradicate discrimination against people with HIV and combat the spread of unfounded stereotypes and misinformation,” Clarke said.

One lawsuit filed alleges that Dr. Anucha told a patient that she needed a Pap smear but refused to perform it due to the patient’s HIV positive status.

The second lawsuit alleges that Dr. Jamaluddin refused to allow the same patient to make preventative care appointments due to the fact that she is HIV positive.

“Of all people, medical providers should understand that erecting barriers to basic medical care based on an individual’s HIV status is unconscionable,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California.

The doctors have agreed to pay a total of $75,000 to the patient, and to pay a $5,000 civil penalty to the United States. The doctors will also be required to provide staff with further training, implement a non-discriminatory policy, and keep further records, all while providing regular reports to the department.

“In 2022, it should not take a federal lawsuit to break down such barriers, however, the U.S. Attorney’s Office and our partners in the Civil Rights Division stand ready to litigate to vindicate the rights of the individuals with disabilities,” Talbert said.