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Unformatted text preview: EEOC, Prevo's initially wanted Sharp to confirm his HIV status, but
later requested additional information about other conditions related to HIV.
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - At the same time Prevo's was setting up Sharp's appointment, Prevo's also offered
alternative employment to Sharp that would have entailed working at home developing
marketing information by computer. Sharp wrote to Prevo's to decline the at-home
marketing position. Attached to Sharp's letter of refusal was a letter from his physician
stating that Sharp tested negative for hepatitis and tuberculosis. Prevo's rejected the letter
from Sharp's physician because it did not provide the requested information about Sharp's
diagnosis, prognosis, or suitability for employment.
On December 3, 1993, Prevo's human resources coordinator called Sharp regarding the
missed appointment in order to find acceptable dates on which Sharp could be examined.
The coordinator gave Sharp twenty-four hours in which to advise Prevo's of an
acceptable date to reschedule the doctor's appointment. The coordinator also told Sharp
that failure to respond would [**9] be interpreted as a refusal to have the examination. 214 When Sharp failed to call back with an acceptable date, Prevo's terminated his
employment. The termination ended nearly a year during which Sharp received paid
leave and medical benefits.
II. Procedural Background
After a period of discovery, Prevo's and the EEOC filed cross-motions for summary
judgment on the issue of liability for violating the ADA.
The district court granted the EEOC's motion and held that Prevo's had discriminated
against Sharp in violation of the ADA. The court cited 42 U.S.C. § 12112(4)(A) which
provides as follows:
(A) Prohibited Examination and Inquiries
A covered entity shall not require a medical examination and shall not make inquiries of
an employee as to whether such employee is an individual with a disability or as to the
nature and extent of the disability, unless such examination is shown to be job-related
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08