After a man was allegedly refused a breast reduction at Advanced Cosmetic Surgery in Manhattan because he is HIV positive, federal prosecutors sued the doctor, according to a press release from the U.S. Attorney for the Southern District of New York.

The lawsuit alleges that the surgeon, Emmanuel Asare, MD, discriminated against the man on the basis of his HIV status without even conducting a medical assessment of his condition. Asare told the patient that his practice, Advanced Cosmetic, doesn’t provide services to those with HIV and then asked the patient to leave.

Such actions are in violation of the Americans with Disabilities Act. The ADA prohibits businesses and nonprofits from refusing services to people with disabilities resulting from serious medical conditions such as HIV.

The patient, who is also a cancer survivor, had consulted Asare in July 2014 about gynecomastia, which is a swelling of the breast tissue in men. The condition, according to the press release, is a common side effect of cancer treatments and HIV medications.

Asare and Advanced Cosmetic allegedly said it is their policy to not serve people with various ailments, including cancer, HIV and diabetes.