He acknowledged that many times the cleaning and

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Unformatted text preview: with business necessity. Prevo's contended that a medical examination was appropriate in this case to determine whether Sharp could continue to safely perform his job duties without risk of exposing others to HIV or other diseases to which Sharp may [**10] have been susceptible. The district [*1093] court noted that Sharp's situation was outside of the typical circumstances that called for medical examinations as outlined in the ADA Technical Assistance Manual. The court also distinguished the cases cited by Prevo's in support of its motion for summary judgment, most notably Leckelt v. Board of Commissioners of Hosp. Dist. No. 1, 909 F.2d 820 (5th Cir. 1990), on the grounds that the cases cited by Prevo's involved hospital employees whose risk of exposure to patients was greater than the risk of exposure in the produce department setting. The medical testimony before the court consisted of depositions of Sharp's doctor and Prevo's doctor. Sharp's medical expert witness testified that the general risk of Sharp transmitting the disease to a co-worker or customerwas one in ten million. If direct bloodto-wound contact occurred, the risk would increase to one in three thousand. n5 Prevo's doctor, who had not examined Sharp, did not testify in terms of specific odds of transmission; rather he spoke more generally about the risks involved in exposure of open wounds to contaminated blood. There was testimony that the already low risk of transmission [**11] could be further reduced by proper hygiene procedures. n6 In light of this evidence, the district court concluded that inquiries into Sharp's health and a demand for a medical examination were not strictly necessary. The court concluded that it was unlawful, therefore, for Prevo's to suspend and discharge Sharp for failure to undergo a medical examination. 215 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n5 The hypothetical used to bring out this figure involved an HIV-positive person bleeding directly into an open wound of an uninfected person. n6 Hygiene procedures that could have minimized the risk of transmission include: (1) wearing prot...
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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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