July 9, 1990 THE CHAPMAN AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT "FOOD HANDLING JOBS.--It shall not be a violation of this Act for an employer to refuse to assign or continue to assign any employee with an infectious or communicable disease of public health significance to a job involving food handling, provided .that the employer shall make reasonable accommodation that would offer an alternative employment opportunity for which the employee is qualified and for which the employee would sustain no economic damage.” Dear Senator: On Tuesday, the conference report on the Americans With Disabilities Act is expected to be considered. At that time, a motion to recommit the conference report with instructions to accept the Chapman Foodhandling Amendment will be offered. The conference committee stripped the Chapman Amendment from its report less than three weeks after the full Senate voted to instruct them to accept the language. We urge you to support the motion to recommit with instructions. The Chapman Amendment was narrowly drafted to enable employers--not require employers--the flexibility to assign or reassign employees with infectious and communicable diseases, such as AIDS, to nonfoodhandling positions. It makes it clear that the employer must make an offer of an -- alternative employment opportunity for which the employee is qualified and FOR WHICH THE EMPLOYEE WOULD SUSTAIN NO ECONOMIC DAMAGE. We feel the Chapman Amendment strikes a balance for food industry operators who must respond to current public health concerns while allowing those with infectious and communicable diseases the opportunity to continue their employment and maintain their standard of living. The Senate has already cast its vote in support of including the Chapman language as has the House of Representatives. On behalf of the millions of employers and employees we represent, we ask that you allow the democratic process to take its course and support the motion to recommit with instructions to retain this critical amendment. Sincerely, National Restaurant Association National Federation of Independent Business Foodservice and Lodging Institute National Association of Convenience Stores International Foodservice Distributors Association National Licensed Beverage Association National Turkey Federation National Association of Meat Purveyors American Meat Institute National Broiler Council National Pork Producers Association NATIONAL RESTAURANT ASSOCIATION Leading the Foodservice/ Hospitality Industry 1200 SEVENTEENTH STREET. N.W.. WASHINGTON. DC 20036-3097 202/331-2429 July 9, 1990 THE CHAPMAN AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT "FOOD HANDLING JOBS.--It shall not be a violation of this Act for an employer to refuse to assign or continue to assign any employee with an infectious or communicable disease of public health significance to a job involving food handling, provided .that the employer shall make reasonable accommodation that would offer an alternative employment opportunity for which the employee is qualified and for which the employee would sustain no economic damage.” Dear Senator: On behalf of the National Restaurant Association, I want to again stress the importance of the Chapman Amendment to the Americans With Disabilities Act to our industry. We urge you to support all efforts to include this language in the conference report before enacting this sweeping legislation. When the Senate convenes today, it is expected to consider the ADA conference report. At that time, a motion to recommit with instructions to accept the Chapman Amendment will be offered. This action is necessary because the conference committee stripped the Chapman Amendment from its report less than three weeks after the full Senate voted to instruct its conferees to accept the language and after the House approved the measure by a vote of 199-187. The Chapman Amendment addresses the issue of employees with infectious or communicable diseases who work in foodservice establishments. Specifically, the amendment would allow employers to move workers with communicable or infectious diseases, like AIDS, out of positions where they are handling food into alternative positions within the establishment. It makes clear that the position must be one for which the employee is qualified and FOR WHICH THE EMPLOYEE SHALL SUSTAIN NO ECONOMIC DAMAGE. Without this addition to the Americans with Disabilities Act, foodservice establishments throughout he nation would be faced with an impossible choice. They could either violate the Act in an effort to reassure the public about food safety, or comply with the Act and risk a dramatic loss of business that may result in bankruptcy. When bankruptcy occurs, everybody losses--the business owner, all of the employees, and particularly, the disabled individual who will no longer be able to maintain his or her standard of living. The Senate has already cast its vote in support of including the Chapman language as has the House. We urge you to let the democratic process take its course and let the Chapman Amendment become law. Sincerely, (Signature) Mark A. Gorman Senior Director Enclosures 2 NATIONAL RESTAURANT ASSOCIATION Leading the Foodservice/ Hospitality Industry 1200 SEVENTEENTH STREET. N.W.. WASHINGTON. DC 20036-3097 202/331-2429 WHAT IS THE CHAPMAN FOOD-HANDLING AMENDMENT? The Chapman food-handling amendment would allow employers to move an employee with a communicable or infectious disease of public health significance out of a food-handling position while making a reasonable accommodation of an offer of reassignment to another position for which the individual is qualified and for which the employee would sustain no economic damage. DOESN'T THE BILL ALREADY ADDRESS THIS PROBLEM? The way the bill is presently drafted, an employer could only move an employee out of a food-handling position if that employee posed a significant risk to the health and safety of others. In the case of AIDS for example, the employee would not pose a significant risk to the health and safety of others because you can not get AIDS from food, drink or casual contact. THEN WHY IS THIS AMENDMENT NECESSARY? A restaurateur's livelihood depends largely on public perception. If the public perceives a health risk -- rightly or wrongly, whether or not based on ignorance or irrational fears -- the damage to a business could be severe. The unfortunate reality is that there are Americans who panic at the mention of the word AIDS and would refuse to patronize any foodservice establishment if an employee were known to have the disease. For the restaurant with an employee known to have AIDS, it could very well translate into business failure -- all customers would need to do is go to another establishment down the street. WHAT ABOUT OTHER COMMUNICABLE OR INFECTIOUS DISEASES SUCH AS HEPATITIS, DIPHTHERIA, MENINGITIS, ETC.? These diseases are covered under most state and/or local sanitation ordinances, most of which are based on the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration manual. They require the foodservice establishment to remove that person because they pose a "direct threat" or "significant risk" to others. DOESN'T THIS AMENDMENT CONTRADICT THE GOALS OF THE ADA IN TERMS OF PROTECTING WORKERS AGAINST DISCRIMINATION BASED ON AN IRRATIONAL FEAR? Inasmuch as AIDS is not a foodborne illness, this amendment would contradict the legislation. This is, however, a time when tremendous emphasis is being placed on the safety of our food. Everyday there are articles in the newspaper telling us about pesticide residues in food, what the nutrition content of our food is, and basically what is good for us and what is not. Unfortunately, there are many Americans who panic at the mention of the word AIDS and would refuse to patronize any food establishment if an employee were known to have the disease. Equal access to all is a laudable goal. There are some exceptions that have to be made, however. We must limit the number of casualties -- not only the businesses themselves, but all their employees who will lose their salary and benefits if the business closes. WHAT BUSINESS GROUPS SUPPORT THIS AMENDMENT? National Restaurant Association National Federation of Independent Business Foodservice and Lodging Institute National Association of Convenience Stores International Foodservice Distributors Association National Licensed Beverage Association National Turkey Federation National Association of Meat Purveyors American Meat Institute National Broiler Council National Pork Producers Association July 9, 1990 U.S. Department of Justice Federal Bureau of Prisons Operations Memorandum Number 181-89 (6100) Date November 30, 1989 Subject Human Immunodeficiency virus (Treatment/Prevention) Cancellation Date September 30, 1990 I. Purpose To affect changes in Operations Memorandum 99-88 (6100) September 28, 1988, Human Immunodeficency Virus (HIV) II. OPERATIONS MEMORANDA RESCINDED O.M. 99-68 (6100) Human Immunodeficiency Virus III. DIRECTIVES REFERENCED P.S. 5214.3 Procedures for Handling of HIV Positive Inmates Who Pose a Dnager to Others P.S. 5050.41 Procedures for the Implementation of Title 18, Section 4205(g) Ruler cited in this Operations Memorandum are contained in 28 CFR 541.60 through 541.68 and 549.10 through 549.16 ### IX WORK ASSIGNMENTS: HIV antibody screening shall not be performed as a criterion for work detail assignments. However, known HIV positive shall not be assigned to Food Service or the Hospital. This policy is established to maintain order within the institution. Under normal circumstances, (casual, work place) there is no possibility of viral transmission.