Yet prevos extended sharp another job offer as a data

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Unformatted text preview: f these factors were playing a role, then a medical examination would be of benefit. Id. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - The EEOC argues that the medical examination to determine whether Sharp posed a direct threat was unwarranted under Leckelt because in his position as a produce clerk, Sharp posed a low risk [**22] of transmitting HIV to his co-workers or customers. The district court also noted that Leckelt was inapplicable because "the risk of spreading [HIV] to co-workers is extremely small and that the risk of spreading [HIV] to customers is negligible." n10 However, as Prevo's points out, Leckelt held that the probabilities of the transmission of an infectious disease is just one of four factors to be considered. n11 Yet, it is the existence of exposure and transmission opportunities that are instrumental in determining if a medical examination is necessary. Leckelt, at 829. As in Leckelt, we are dealing with a profession and environment in which there is continuous blood exposure. It is undisputed that Sharp's condition presented potential transmission opportunities. Sharp testified himself to scrapes, cuts, and puncture wounds incurred regularly in the course of his employment. Additional testimony was heard on the sharing of cutting utensils, some of which were not properly cleaned; and Sharp, again, testified he was sure at times he did not properly clean his knives. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n10 Equal Employment Opportunity Commission v. Prevo's Family Market, Inc., 1996 U.S. Dist. LEXIS 20228, 1996 WL 604984 (W.D. Mich. 1996). [**23] 220 n11 Leckelt held that "in the context of the employment of a person handicapped with a contagious disease,...[the "otherwise qualified"] inquiry should include: '[findings of] facts, based on reasonable medical judgments given the state of medical knowledge, about (a) the nature if the risk (how the disease is transmitted), (b) the duration o...
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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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