Unformatted text preview: lerk. J.A. at 142 (Store Manager Mike Rodes Dep.).
Furthermore, Sharp was not seeking to return to work after suffering illness or injury, nor
was he claiming to have become injured on the job. Moreover, at no time did Sharp ever
seek an accommodation. n6 Finally, [*1104] neither Prevo's nor the majority cite to any
other law that would require a medical examination in this case. Accordingly, Prevo's had
no legitimate business purpose for requiring a medical examination of Sharp.
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n6 It is undisputed that Sharp informed his employer of his HIV+ status only in order to
give Prevo's advance notice that he would be speaking about HIV at the local high
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - The majority holds that the legitimate business [**49] purpose of Prevo's was to protect
the health of Sharp and others because of the frequency of bleeding in the produce area.
This holding perpetuates discrimination by allowing Prevo's to single out Sharp. Why
single out Sharp in this setting? If everyone cutting produce suffers from cuts, scrapes,
and bleeding, and if everyone shares equipment and fails to follow sanitary policies, then
everyone is at risk for all blood-borne pathogens. Sharp is just as much at risk of getting a
blood-borne infection such as hepatitis from one of his co-workers who has hepatitis as
his co-workers are of getting infected by him. In fact, Dr. Baumgartner, the infectious
disease expert of Prevo's, explained that 232 If it was a common practice in this work setting for tools to become bloodied by
employees and then if there was a risk that the tool would subsequently be used by
another employee with a regular probability that the second employee would cut them
self [sic] with the bloody tool, there was a risk of transmission of blood borne pathogens
(including HIV). This issue transcended HIV however and placed any employee at risk
for transmission of agents such as Hepatitis [**50] B and C or other agents. I believe
that that practice should have been stopped on general infection control grounds
rather than due to anything unique to HIV.
J.A. at 195 (Letter from Dr. Baumgartner to attorney Lubben of 5/9/96, at 2) (emphasis
View Full Document
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