Health Hazard ?
Date: Apr 14th, 2006 8:41:29 pm - Subscribe


Before calling Mrs. Penn back, I would want to inform the assistant superintendent of this situation and see how he wanted me to handle this. I would think he or the superintendent would want to handle it. If not handled carefully, this could escalate into a major crisis very quickly.

I am certain that Mrs. Penn is breaking the law by giving me information from Mr. Wonderful’s private records. Her supervisor would need to be called to let him know that she is breaking confidentiality. She should probably lose her job for that. The hospital could easily and rightfully be sued by Mr. Wonderful for divulging this information.

Most likely, Mr. Wonderful would need to stay in his position as art teacher, although the school lawyer would need to be contacted to make sure this is would be the proper response. In 1988, in California, a teacher was reassigned to an administrative position because of AIDS. He sued, claiming that the school’s action violated section 504 of the Rehabilitation Act of 1973. It was eventually found that since transmission of HIV is known to occur through intimate sexual contact with the infected person, invasive exposure to contaminated blood, and through perinatal exposure, the teacher did not pose a significant risk. The court ordered the teacher to be reinstated to his teaching position.

Legally, our hands would be tied, and our only response would probably be to try to prevent this Mrs. Penn from spreading this gossip all over town.
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