Health Law Keyed to Furrow
Estate of Mauro v. Borgess Medical Center
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Mauro (Plaintiff) was employed as an operating room technician at Borgess Medical Center (BMC) (Defendant) when someone called Defendant stating that Plaintiff had full-blown AIDS. Due to the fear of exposure, Plaintiff, who was HIV positive, was offered a new position. Plaintiff rejected the new position and was laid off. Plaintiff then filed suit, claiming discrimination under § 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). The district court found that Plaintiff's continued employment as a surgical technician posed a direct threat to the health and safety of others and granted Defendant's motion for summary judgment. Plaintiff appealed.
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