Legal Question in Disability Law in Virginia
Working with Aids
At this poultry plant, USDA wants to forbid an employee from working that has Aids. Under ADA this should not be allowed. USDA bases their request on "416.5 Employee Hygiene that states Disease control, any person who has or appears to have an infectious disease, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination must be excluded form any operations which could result in product adulteration until the condition is corrected."
In order to protect the employee, is there something in writing that can be presented to USDA to up hold the ADA law and continue to let this employee work?
Your assistance would be greatly appreciated and also education in the event this would again occur.
Sincerely,
--name removed---name removed--plant nurse
1 Answer from Attorneys
Re: Working with Aids
There may be a basis to challenge this, but USDA won't give up quietly. The regulation and the ADA are in conflict here, but the ADA has exceptions which they would argue permit the regulation. The fact that AIDS is not spread through casual contact should suffice to defeat this reg., but understand that this is an off-the-cuff opinion, and much more would be needed to mount a challenge to this. Feel free to contact me if the co. is interested in pursuing a challenge.
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