As prevos contends the eeocs argument would 221 impose

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Unformatted text preview: ssion. Dr. MacArthur also stated that it would [**20] be reasonable for an employer to be concerned about an HIV positive employee in the workplace. The EEOC also pointed out that the testimony of Prevo's medical expert, Dr. David Baumgartner, was that a medical examination of Sharp rises only to the level of being beneficial in determining the risks he posed and not a necessity as construed by the ADA. The EEOC contends Dr. Baumgartner explained that a medical examination of an HIV positive employee would be necessary only if the employee has uncontrolled diarrhea or sufficiently advanced dementia to hamper short-term memory and the ability to 219 maintain personal hygiene, and that there was no evidence that Sharp fell into either of these categories. However, a review of the record reveals Dr. Baumgartner equated the issue of bleeding and lack of maintenance of hygiene. n9 [*1096] Furthermore, Dr. Baumgartner agreed that assuming there is bleeding occurring on a regular basis, he could not render an opinion as to whether Sharp could have remained working in the produce department without examining him. (J.A. at 179.) Therefore, we do not believe Dr. Baumgartner limited his testimony to individuals who have uncontrollable diarrhea and [**21] HIV induced dementia. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n9 In arguing that Dr. Baumgartner did not believe a medical examination was necessary, the EEOC points to a letter from Baumgartner to Prevo's attorneys discussing his testimony. In this letter Baumgartner states that under ordinary circumstances an HIV infected person working in a food service area does not pose any threat of transmission and needs no restriction in employment. (J.A. at 194.) The exception to this rule is if the individual was suffering from an illness that interferes with his personal hygiene. Id. Baumgartner gives two examples, those being intractable diarrhea and any neurological disease like HIV related dementia. Id. He then states that bleeding would be a threat and that i...
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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.

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