This preview shows page 1. Sign up to view the full content.
Unformatted text preview: mation rather
than ignorance, and medical evidence rather than mythology. As the Supreme Court
explained, "the Act is carefully structured to replace such reflexive reactions to actual or
perceived handicaps with actions based on reasoned and medically sound judgments."
School Bd. of Nassau County v. Arline, 480 U.S. 273, 284-85, 94 L. Ed. 2d 307, 107
S. Ct. 1123 (1987) (discussing § 504 of the Rehabilitation Act, the precursor to the
ADA). After all, if Prevo wanted to expand his store, he would first call an architect,
contractor, and engineer before allowing the construction crew to begin working. Yet,
making those telephone calls would not make him an expert in architecture, construction,
or engineering. Instead, those telephone calls would provide him with information to
make rational rather than rash decisions.
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**39]
The fact that Prevo reassigned Sharp without any legal or medical basis leads to the
inescapable conclusion that he did so out of fear, prejudice, and ignorance whether it was
his own or that of his customers. In fact, in his deposition, Prevo testified that he
mentioned to Sharp that people would be concerned that he was handling fresh produce.
J.A. at 124 (Prevo Dep.). He further testified that once Sharp disclosed his HIV+ status, 228 he "wouldn't allow [Sharp] to go into produce . . . ." J.A. at 125 (Prevo Dep.). He would
not "allow" Sharp to work in produce despite acknowledging that he did not have any
medical information for making that decision. J.A. at 125. In the absence of relevant
objective medical information, Prevo's assumed that reassigning Sharp was the prudent
thing to do. Yet, our assumptions often find comfort in our fears, prejudices, and
ignorance. In turn, our fears, prejudices, and ignorance often manifest themselves in
discriminatory conduct. And it is this discriminatory conduct that the ADA was
specifically designed to address. S...
View Full Document
- Spring '08