Ruth was diagnosed with an advanced stage of AIDS. Since she was a chef at a restaurant, the employer refused to allow her to work in the kitchen fearing that she may transmit the disease to others through food. Ruth filed a suit against the employer stating violation of ADA by refusing her job on the basis of her disability. There is a strong probability that the court held that, the employer has:
A)violated ADA.
B)food handler defense.
C)job-related criteria defense.
D)violated NLRA.

Question

Quizplus · Accepted Answer

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities, including those with HIV/AIDS, in job-related activities unless the individual is unable to perform essential job functions or poses a direct threat to the health and safety of others that cannot be mitigated with reasonable accommodation. Since HIV/AIDS cannot be transmitted through food, the employer's refusal to allow Ruth to work based on her diagnosis likely constitutes a violation of the ADA.

Ruth Was Diagnosed with an Advanced Stage of AIDS