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Ben,a Critical Care Nurse at a Private Hospital,tests Positive for HIV

Question 40

Multiple Choice

Ben,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 him or her to have direct contact with patients tests positive for a blood-borne disease,the hospital shifts him or her to a desk job with no change in his salary.Ben refuses this arrangement.He requests that the hospital hire a part-time nurse to follow him on his shift and to keep a check on him.The hospital denies his request and fires Ben because of his unwillingness to move to the desk job.Which of the following holds true in this case?


A) Ben'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 Ben requests.
C) The hospital needs to consider Ben's request as creating a new job is not an effective way to accommodate a disabled employee.
D) Ben's request need not be heeded as HIV/AIDS is not a covered disability under the Americans with Disabilities Act.

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