Legal Question in Disability Law in Missouri

HIV foodservice

In the prison in which I work, a man with HIV was hired to perform a job which includes filling buckets with ice for other inmates to use for various purposes which may include consumption. One of the supervisors has ordered this man not to complete that portion of his job since it is "food service." Is this a violation of the ADA? Is the man posing a health risk by completing that duty?


Asked on 2/21/98, 1:29 am

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Disabled must perform "essential" not all functions of job

Apparently the supervisor who relieved the "HIV person" of filling ice buckets believed that that portion of the job was not essential to the job. Only the supervisor can say what he had in mind. It can be argued that the supervisor was making a "reasonable accommodation forthe "disability" and that there was no violation of the law.Whether that man is posing a health risk to those consuming/drinking the water . . . it could be argued by some, I suppose, that there is a risk. Are the ice buckets sharp? How is the nadle attached? Is there an edge which is sharp? Has anyone or can anyone cut himself on an exposed edge of the handle, for instance the hook that goes through the loop on the bucket itself -- where it is "hinged".If the buckets have been banged and dented and/or bent, there could conceivably be sharp edges to contend with ... and which could create a risk.There are attorneys who have experience with HIV and/or AIDS cases. You probably should speak to one of them. I have neither handled an HIV/Aids case nor gone to any seminars on the subject. I recommend that you go to one of the attorneys who have received some training in that area. Ask your state bar association to recommend one.Good luck!

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Answered on 2/23/98, 6:20 pm


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