Publication Date
5-1991
Document Type
Casenote
Abstract
In Leckelt v. Board of Commissioners of Hospital District No. 1, the United States Court of Appeals for the Fifth Circuit affirmed a hospital's right to demand the results of a nurse's HIV test if a reasonable suspicion exists that the nurse has been exposed to HIV. The court also upheld the hospital's right to fire the nurse for withholding the test results Although the nurse, Kevin Leckelt, attacked the hospital's action on both constitutional and statutory grounds, this Casenote focuses on the court's determination that the Rehabilitation Act of 1973 (the "Act" or the "Rehabilitation Act") permits the selective mandatory testing of those individuals whom hospital officials reasonably suspect have been exposed to HIV.
Recommended Citation
Walden, Philip
(1991)
"Leckelt v. Board of Commissioners of Hospital District No. 1: Fifth Circuit Affirms Hospital's Right to Require Testing of Nurse Reasonably Suspected of Exposure to HIV,"
Mercer Law Review: Vol. 42:
No.
3, Article 10.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol42/iss3/10