CourtCases2010

Board of commissioners of hosp dist no 1 909 f2d 820

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Unformatted text preview: s that he had worked from May 2, 1992 until August 31, 1992 as a produce clerk knowing he had tested positive for HIV, but did not disclose this to Prevo's or his co-workers. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**5] After two days in the receiving position, upon inquiry by Dan Prevo about how he was doing, Sharp explained that he wasn't interacting with customers, which was something he enjoyed in the produce area, and that other employees were commenting about disrupted work schedules and asking a lot of questions about why he had been reassigned. Prevo and Sharp next agreed that Sharp would be placed on a leave of absence with pay and health benefits to get Sharp out of the situation of being asked questions and to give Prevo's a chance to get the information that they needed to properly handle the situation. It was not at all clear why Sharp experienced discomfort at being asked about the reason for the change in his work assignment since Sharp had indicated his desire to perform public speaking in connection with an AIDS awareness and education program. Sharp promised his employer that he would obtain verification of his HIV condition from his personal physician and furnish the information to his employer. While on paid leave, Prevo's provided health benefits to Sharp although Sharp was not entitled to them as a part-time employee. By March of 1993, Sharp had not provided the medical information; [**6] rather, he consulted attorneys as to whether he should provide such information. In May of 1993, Prevo's, Sharp and their attorneys attempted to reach an agreement on Sharp's continued employment. Dan Prevo again requested that Sharp provide the store with his medical information so that he could make a decision about Sharp's employment situation. He also expressed concern about Sharp's use of knives and the typical cuts and nicks suffered by produce clerks in preparing produce for show. Both parties agree that produce clerks often cut themselves in the course of [*1092] their regular duties. n3 Additionally, Prev...
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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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