Author Question: Discrimination Based on Disability. When the University of Maryland Medical System Corp learned that ... (Read 81 times)

michelleunicorn · **on:** Jun 24, 2018

Discrimination Based on Disability. When the University of Maryland Medical System Corp learned that one of its surgeons was HIV positive, the university offered him transfers to positions that did not involve surgery. The surgeon refused, and the university terminated him. The surgeon filed a suit in a federal district court against the university, alleging in part a viola-tion of the Americans with Disabilities Act. The surgeon claimed that he was otherwise quali-fied for his former position. What does he have to prove to win his case? Should he be rein-stated?

Question 2

Agents rarely can change a principal's legal obligations.
a. True
b. False
Indicate whether the statement is true or false

aburgess · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Discrimination based on disability
To establish a violation of the Americans with Disabilities Act, a plaintiff must prove that he or she (1) has a disability, (2) is otherwise qualified for the job, and (3) was excluded from the job due to discrimination solely on the basis of the disability. An individual is not otherwise qualified if the disability poses a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. The district court held that the doctor was not otherwise qualified. On the doctor's appeal, the U.S. Court of Appeals for the Fourth Circuit affirmed the lower court's decision. The appellate court concluded that surgeon-to-patient transmission of HIV clearly is possible. And, the risk of injury can never be eliminated through reasonable accommodation. Thus, even if the surgeon takes extra precautions (such as wearing two pairs of gloves, making stitches with only one hand, and using blunt-tipped, solid-bore needles) some measure of risk will always exist because of the type of activities in which the surgeon is engaged.

Answer to Question 2

FALSE