Is There a Significant Risk Or High Probability of HIV Transmission from an Infected Health Care Worker to Others - The Sixth Circuit's Answer Lies in Mauro v. Borgess Medical Center
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Authors
Forrest, Adam G.
Issue Date
1999
Volume
32
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 ("ADA") were enacted by Congress to protect individuals with handicaps or disabilities from discrimination. In order to prevail on a discrimination claim under the Rehabilitation Act or the ADA, a plaintiff must show that he or she is otherwise qualified to perform the job at issue. Specifically, in disability cases involving a plaintiff with a contagious disease, a court must determine whether the plaintiff can perform the essential functions of the position and whether the individual poses a significant risk or direct threat of transmitting the disease to others at the workplace. Neither Act requires the contagious person to eliminate all risk of transmission; rather, the Acts merely require the contagious individual to pose no significant risk of transmission. The Equal Employment Opportunity Commission ("EEOC") guidelines set forth the standard required to protect the individual: "An employer ... is not permitted to deny an employment opportunity to an individual with a disability merely because of a slightly increased risk. The risk can only be considered when it poses a significant risk, i.e., high probability, of substantial harm; a speculative or remote risk is insufficient...
Description
Citation
32 Creighton L. Rev. 1763 (1998-1999)
Publisher
Creighton University School of Law