Employment & Labor Law

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SPENCER WADDELL v. VALLEY FORGE DENTAL ASSOCIATES, INC.

15 Fla. L. Weekly Fed. c161 (11th Cir. Dec. 21, 2001)

The 11th Circuit evaluated whether the District Court properly held that Plaintiff, an HIV-positive dental hygienist, was not otherwise qualified for his employment position because he posed a direct threat to patients.

The Court determined that the record established that the District Court properly granted summary judgment to Defendant because an HIV-infected dental hygienist posed a significant risk of HIV transmission to his patients. Because Plaintiff performed some procedures that entailed the use of sharp instruments, there was a risk that he could cut or prick himself and bleed into an open wound or abrasion in a patient

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