CourtCases2010

However a review of the record reveals dr baumgartner

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Unformatted text preview: borne pathogen and can be transmitted in an environment such as that of a produce department of a grocery store, where one is susceptible to cuts and scrapes on a regular basis. Sharp himself was prone to cuts and scrapes through the use of knives in preparing produce and scraping himself against stapled produce boxes. He acknowledged that "many times the cleaning and sanitation of the knives [was] not done from one item to the next as it should have been done." (J.A. at 61.) Sharp also admitted there were probably times he did not clean knives after using them. There was also testimony that it was not uncommon for Prevo's workers to have several lacerations at the same time. Dan Prevo, who had once worked in the produce department, gave testimony that employees shared knives and, at times, knives on which one had bled. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n7 In Gilday v. Mecosta County, 124 F.3d 760, 766 (6th Cir. 1997) (Kennedy, J., concurring in part, dissenting in part), it was suggested that the appendix to the ADA is only interpretive and is not binding law. Without addressing this issue, we find that the guidelines constitute helpful interpretations in this case. 217 - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**16] Furthermore, Prevo's behavior is not based on a mere suspicion that Sharp may be sick. Rather, Sharp has directly communicated his alleged HIV status to Prevo's. This is not the sort of unfounded and biased discrimination that the ADA was created to prevent. n8 Instead, Prevo's actions were based on Sharp's statements and Prevo's concerns about the health and safety measures needed to prevent further infection. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n8 Part of the concern of the Congress in creating the ADA and the ability of employers to require employees to undergo medical examinations was the unwanted exposure of the employee's disability and the stigma it may carry. Chai R. Feldblum, Medical Exami...
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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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