CourtCases2010

In contrast here dan prevo admits he took no steps to

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Unformatted text preview: ar, prejudice, ignorance, or mythologies; people ought to be judged based upon the relevant medical evidence and the abilities they have." Id. Rather than succumb to the pressures of codifying "fear, prejudice, [and] ignorance," Congress instead adopted an alternative amendment proposed by Senator Orrin Hatch. That amendment charged the Secretary of Health and Human Services with the responsibility of preparing [**34] a list of infectious and communicable diseases that could be transmitted through food handling. For those diseases, employers would be able to reassign infected employees. Congress adopted this amendment as part of the ADA. n1 In so doing, Congress chose facts over fear, information over ignorance, and medicine over mythology. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n1 42 U.S.C. § 12113(d) reads as follows: (d) List of infectious and communicable diseases (1) In general The Secretary of Health and Human Services, not later than 6 months after July 26, 1990, shall-(A) review all infectious and communicable diseases which may be transmitted through handling the food supply; (B) publish a list of infectious and communicable diseases which are transmitted through handling the food supply; (C) publish the methods by which such diseases are transmitted; and (D) widely disseminate such information regarding the list of diseases and their modes of transmissability to the general public. Such list shall be updated annually. 42 U.S.C. § 12113(d)(2) then provides that when an individual has an infectious or communicable disease on the list, "which cannot be eliminated by reasonable 225 accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling." - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**35] Since the 1990 enactment, neither HIV nor AIDS has ever appeared on the list of infectious diseases that could be communicated through the handling of food. n2 Yet, despite [*1100] this medical evidenc...
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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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