Abstract:
The case of Sanchez v. Lagoudakis may be brought before the Michigan Supreme Court for the third time. In 1988, restaurateur Kostas Lagoudakis ordered then waitress Dorene Sanchez to undergo an HIV-antibody test at her own expense because several customers suspected that she might be HIV-positive. Sanchez tested negative and sued Lagoudakis for discrimination under the State handicap statute. The trial judge dismissed the case and the Court of Appeals affirmed. In 1992, the State Supreme Court reversed the ruling, stating that the statute prohibits discrimination, even when it is based on erroneous perception of HIV infection. Lagoudakis appealed, contending that he had a right under the Public Health Code to suspend Sanchez because he suspected that she had a contagious disease. The Court of Appeals cited other health regulations stating that a person with AIDS can continue working as a food handler because there is no evidence that HIV is spread through casual contact or exposure to food and water. Lagoudakis' attorneys have asked the Michigan Supreme Court to reverse this ruling.
Keywords: Disabled/*LEGISLATION & JURISPRUD Employment/*LEGISLATION & JURISPRUD Female Food Handling HIV Infections/*TRANSMISSION Human Michigan Public Health/LEGISLATION & JURISPRUD *Restaurants NEWSLETTER ARTICLE 961230
M96C1433
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