CourtCases2010

We do not believe a reasonable juror would conclude

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Unformatted text preview: f the risk (how long is the carrier infectious), (c) the severity of the risk (what is the potential harm to third parties) and (d) the probabilities the disease will be transmitted and will cause varying degrees of harm" Leckelt, 909 F.2d at 829 (5th Cir. 1990) citing School Board of Nassau County v. Arline, 480 U.S. 273, 94 L. Ed. 2d 307, 107 S. Ct. 1123 at 1131. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - As in Leckelt, Sharp's refusal to provide necessary medical information from his own physician, then his refusal to submit to a company-paid examination prevented Prevo's from ever knowing Sharp's HIV status and from deciding what, if any, measures were necessary to protect the health of Sharp, other Prevo's employees and Prevo's customers. Indeed, Sharp prevented Prevo's from knowing whether he had a condition [**24] for which federal law may require accommodation. In fact, it is unknown by all of the parties that have ever been associated with this case whether Sharp is HIV positive. n12 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n12 Although both parties have regarded Sharp as disabled, his condition remains a mystery. The district court's finding that Sharp is HIV positive is based solely on Sharp's word. 1996 WL 604984, *2, FN2. The district court's finding may be regarded as suspect in view of the lengths to which Sharp has gone to avoid a medical evaluation of his HIV status. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - Furthermore, Prevo's is simply a grocery store chain. There is no evidence that Prevo's has within its organization, access to "the most current medical knowledge" as required by the statute. Therefore, Prevo's needed to contact a third party to obtain a medical examination of Sharp to confirm his HIV status and to determine what steps were necessary concerning Sharp's employment. The EEOC contends Prevo's could have obtained this informatio...
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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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