There was a very disturbing incident yesterday afternoon in the hotel restaurant where James works. One of the newer cooks, Gary, who seemed to be working out very well, cut his hand quite badly while cleaning the meat grinder. Several coworkers rushed over to help him, but before they could give him aid, he yelled, “Stand back, I have AIDS.” Needless to say everyone was stunned.   The executive chef reacted calmly and called for emergency medical assistance. Gary was taken to the nearest hospital where his cut was stitched and he was released.   The emergency medical technicians also gave the chef the name of an organization that cleans up contaminated sites. They arrived quickly and thoroughly cleaned and sanitized the area.

Fortunately it was a slow night, and the accident occurred before the evening rush so there was ample time to deal with the situation. Somehow the back and front of the house crew pulled together and managed to get through the evening without further event.

The next day, the restaurant general manager, Tom Malone, called a meeting with all supervisors and managers to discuss the emergency. He thanked everyone for maintaining his or her cool and handing the difficult situation well. Malone said the Gary’s cut was large, but that he would have full recovery and use of his hand. He also said that although Gary wanted to return to his position as cook when he recovered, he planned to ask him to resign instead. Malone just didn’t feel that it was safe for someone with AIDS to be working around food. He was putting both customers and coworkers at risk. Also, if anyone in the media found out about the incident, the reputation of the restaurant would be severely damaged.

James felt very strongly that it was unfair to terminate someone because of an illness. He was concerned that the restaurant might get sued if they took action against Gary. James wanted to go to Malone and tell him his concerns, but he wasn’t sure if he should. What should James do?

Consider the following questions in your response:

1) Does Oklahoma have a state law that mandates the hiring and firing of employees with AIDS?

2) What risk is there to employees and guests of contracting HIV from someone what is handling food?