AMERICAN MEDICAL ASSOCIATION
535 NORTH DEARBORN STREET 
CHICAGO, ILLINOIS 60610 
PHONE (312) 646-8000
TWX 910-221-0300

JAMES S. TODD, M.D.
Acting Executive Vice President

May 16, 1990

The Honorable J. Roy Rowland
U.S. House of Representatives
423 Cannon House Office Building
Washington, D.C. 20515

RE: Food Handlers Amendment to the Americans with Disabilities Act

Dear Representative Rowland:

	You have requested the American Medical Association's views on a proposed amendment to the Americans with Disabilities Act (ADA) involving food handlers. As we understand the proposed amendment, its inclusion in the ADA would not improve the legislation and the AMA does not support it.

	The ADA employment discrimination provision already allows employers to require that an individual with a currently contagious disease or infection not pose a direct threat to the health or safety of others. The AMA supports this general exception to the prohibition against employment discrimination. When appropriately applied, it will provide protection to the health of co-workers and the public.

	In this regard, there is no need for an amendment concerning food handlers. The existing ADA language provides appropriate protection from individuals, including food handlers, with contagious infectious diseases.

Sincerely,

[Signature]
James S. Todd, MD

JST/mjz

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AMERICAN PUBLIC HEALTH ASSOCIATION

1015 Fifteenth Street, N.W., Washington, D.C. 20005 
(202) 789-5600
WILLIAM H, McBEATH, M.D., M.P.H., Executive Director

November 6, 1987

The Honorable Edward M. Kennedy
Chairman

Senate Labor and Human Resources
Committee

SD 428
US Senate
Washington, D.C. 20510

Dear Chairman Kennedy:

	The American Public Health Association, (APHA) strongly opposes any amendments to the Continuing Resolution or other legislation which would prohibit employment of HIV positive individuals as food handlers with in the federal government, or in federally funded programs. APHA, with a combined national and affiliate membership of over 50,000, is the oldest and largest society of public health professionals in the world.

	The Centers for Disease Control and the U.S. Surgeon General have concluded that the AIDS virus is not likely to be transmitted through food. Indeed, there has never been a case of HIV transmission through food. The American Public Health Association agrees with the National Restaurant Association in its opposition to a ban on HIV positive employees in food handling.

	A further concern with taking such an unwarranted action could be a decline in persons seeking AIDS antibody testing. It is likely that the fear of job discrimination could discourage persons from seeking the testing, counseling, and treatment which is needed to control this disease.

	We urge you to oppose any amendments which would promote discrimination against persons in employment situations, such as food handling, where HIV transmission is not a danger.

Very truly yours,

[Signature]
William H. McBeath, MD, MPH
Executive Director

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