However some pathogens are frequently transmitted by

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Unformatted text preview: bility on the part of Prevo's, we do not determine whether its actions warrant an award of punitive damages; therefore, we VACATE the district court's award of punitive damages. DISSENTBY: KAREN NELSON MOORE 223 DISSENT: KAREN NELSON MOORE, Circuit Judge, dissenting. I respectfully dissent from the majority opinion because I believe that the Americans With Disabilities Act prohibited Prevo's Market from requiring Sharp to submit to a medical examination under the circumstances of this case. I. Introduction The Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., ranks as one of the most important civil rights statutes passed in this century. Among other things, the ADA protects millions of disabled Americans from discrimination in employment. Like other great civil rights statutes, prior to its passage the ADA was subject to last minute amendments that threatened to limit severely the size of its protective umbrella. Representative [**31] Chapman offered one such amendment. His proposed amendment provided as follows: (d) Food Handling Job. It shall not be a violation of this act for an employer to refuse to assign or continue to assign any employee with an infectious or communicable disease of public health significance to a job involving food handling, provided that the employer shall make reasonable accommodation that would offer an alternative employment opportunity for which the employee is qualified and for which the employee would sustain no economic damage. 136 Cong. Rec. H2471-01, 2478 (daily ed. May 17, 1990). While acknowledging that the Centers for Disease Control ("CDC") has never found a case where Acquired Immune Deficiency Syndrome ("AIDS") or Human Immunodeficiency Virus ("HIV") had been transmitted by an infected worker handling food, he nevertheless argued that "the reality is that many Americans would refuse to patronize any food establishment if an employee were known to have a communicable disease." Id. (statement of Rep. Chapman). Reinforci...
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