Document 1008
 DOCN  M9471008
 TI    Bradley v. University of Texas M.D. Anderson Cancer Center.
 DT    9409
 SO    Federal Reporter, 3d Series. 1993 Oct 7 (date of decision);3:922-925.
       Unique Identifier : AIDSLINE KIE/42802
 AB    The U.S. Court of Appeals, Fifth Circuit, affirmed a lower court's
       holding that an HIV positive surgical technician, Brian Bradley, was no
       longer qualified to continue in that position within the meaning of the
       Rehabilitation Act of 1973. Bradley had also contended that the
       hospital's reassignment was retaliation against him for disclosing his
       HIV status to a newspaper and therefore constituted a violation of his
       First Amendment right of free speech. The court found that the newspaper
       interview was not a motivating factor in the hospital's actions. The
       hospital validly determined that the work of a surgical technician
       creates some risk of viral transmission. Although the risk of Bradley's
       transmitting the disease to a patient was low, the risk was not
       inconsequential given the possibly fatal repercussions of an accident
       resulting in such transmission.
 DE    *Allied Health Personnel  Civil Rights  Communication  Disabled
       *Employment  *Health Personnel  *Hospitals  *HIV Seropositivity
       *Iatrogenic Disease  *Jurisprudence  Mass Media  Prejudice  Risk
       *Surgery  Texas  COURT DECISION

       SOURCE: National Library of Medicine.  NOTICE: This material may be
       protected by Copyright Law (Title 17, U.S.Code).