Estate of Mauro v. Borgess Medical Center
United States Court of Appeals for the Sixth Circuit
137 F.3d 398 (1998)
After learning surgical technician Mauro (plaintiff) had "full blown" AIDS, Borgess (defendant) created and offered him a new position eliminating all HIV-transmission risk, which he refused, and a hospital task force concluded his surgical duties — placing hands inside patients' body cavities near sharp instruments, including in emergencies — posed a direct threat given HIV's transmissibility through exactly this kind of invasive, exposure-prone contact; the district court granted Borgess summary judgment after Mauro was fired for refusing the alternative position.
Whether, under the Americans with Disabilities Act, an employee is adequately qualified to perform the essential functions of a position if he poses a direct threat to the health or safety of others that cannot be eliminated by a reasonable accommodation.