Berta,a critical care nurse at a private hospital,tests positive for HIV during one of the routine health checkups conducted for all hospital employees.Whenever an employee whose job requires them to have direct contact with patients tests positive for a blood-borne disease,the hospital shifts them to a desk job with no change in salary.Berta refuses this arrangement.She requests that the hospital hire a part-time nurse to follow her on her shift and to keep a check on her.The hospital denies this request and fires Berta because of her unwillingness to move to the desk job.Which of the following holds true in this case?
A) Berta's request can be lawfully denied as it represents an undue hardship on the hospital.
B) The hospital has a duty under the Americans with Disabilities Act to provide all of the accommodations Berta requests.
C) The hospital needs to consider Berta's request as creating a new job is not an effective way to accommodate a disabled employee.
D) Berta's request need not be heeded as HIV/AIDS is not a covered disability under the Americans with Disabilities Act.
Correct Answer:
Verified
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