Important note: Information in this article was accurate in 1993. The state of the art may have changed since the publication date.
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Miami Herald; Tuesday, December 28, 1993
Amy Alexander, Herald Staff Writer
As part of the settlement, the exact terms of the agreement between the man and the unnamed Broward dentist were not disclosed.
The 29-year-old assistant, who was not identified in the lawsuit, was trying to get back his job, with back pay, benefits or $5,000 in damages, according to court records.
"It was a voluntary settlement," said Allan H. Terl, the employee's attorney.
The 1991 case drew widespread attention from legal and medical circles because it raised the issue of AIDS testing in the workplace.
The Wilton Manors man conducted "invasive" procedures as part of his job description -- meaning work that can draw blood -- so his employer felt it appropriate to ask him to submit to a test for HIV, the virus believed to cause AIDS.
The U.S. Centers for Disease Control and Prevention in Atlanta recommends dentists and their assistants be tested for the virus.
Michael Gora, attorney for the dental practice where the man worked, said his client, the dentist, simply was trying to abide by CDC guidelines when he fired the employee.
The dentist offered the fired assistant a job in his warehouse a month later. The assistant declined.
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