Bragdon, a dentist, refused to fill cavities for Abbott, who was HIV positive. Bragdon offered to perform the work at a hospital with no added fee, but Abbott would be responsible for the cost of using the hospital’s facilities. Abbott declined and sued Bragdon under the Americans with Disabilities Act (ADA) alleging discrimination on the basis of her disability, namely being HIV positive. The District Court ruled in Abbott’s favour finding that being HIV positive fell within the definition of disability under the ADA, and that no issue of material fact was raised by Bragdon as to whether HIV would have posed a direct threat to the health or safety of others. Bragdon appealed the decision to the Court of Appeals which affirmed the District Court ruling. Bragdon then appealed to the U.S. Supreme Court.

In a fractured decision, the Court held that asymptomatic HIV infection was an impairment and thus if it limited a major life activity it would be deemed a disability under the ADA. The Court remanded the case back to the Court of Appeals to determine whether there was a direct threat to the health and safety of others enough to justify the refusal of services.

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