CourtCases2010

Ja at 157 macarthur dep thus the only issues left to

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Unformatted text preview: Board of Comm'rs of Hosp. Dist. No. 1, 909 F.2d 820 (5th Cir. 1990), a hospital administrator received word that a nurse was an associate of a patient with AIDS. The administrator immediately launched an investigation into the matter. However, before taking any action in regard to the nurse, the administrator consulted legal counsel and reviewed the hospital's infection control policies and the applicable guidelines concerning HIV and AIDS promulgated by the CDC and the American Hospital Association. Id. at 822. Based on this information, the hospital administrator then took action in regard to the nurse. In contrast, here, Dan Prevo admits he took no steps to obtain relevant objective medical evidence as to whether he needed to reassign Sharp. J.A. at 127 (Prevo Dep.). Prevo could have contacted the CDC, an [*1101] AIDS/HIV information organization, or an infectious disease [**38] spet. In fact, Sharp gave him the names of several organizations to call and the name of Sharp's personal physician an infectious disease spet. J.A. at 93-94 (Sharp Dep.). Rather than follow up on this information, Prevo merely spoke with his neighbor, Dr. Tom Bannow, who is not an infectious disease spet, and to human resource personnel, none of whom were doctors or who specialized in AIDS/HIV in the workplace. J.A. at 277-81 (Prevo Test.). Despite not having any relevant objective medical evidence regarding whether Sharp presented a direct threat to others, Prevo reassigned Sharp to the receiving department and then placed him on paid administrative leave. n3 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n3 The majority states that requiring Prevo's to obtain information before reassigning Sharp "would impose upon Prevo's a duty to become an expert in the field of HIV transmission and control." Maj. slip op. at 16. On the contrary, such a requirement is designed to ensure that employers are acting on fact rather than fear, infor...
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