Letter to Senate staffers from the Consortium for Citizens with Disabilities regarding the Chapman Amendment to the ADA

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Extent (Dublin Core): 22 Pages
File Name (Dublin Core): s-leg_578_010_015
Title (Dublin Core): Letter to Senate staffers from the Consortium for Citizens with Disabilities regarding the Chapman Amendment to the ADA
Description (Dublin Core): Letter to staff members of Senators handling the Americans with Disabilities Act from the Consortium for Citizens with Disabilities regarding a Motion to Instruct on the Chapman Amendment of the ADA. Attached are additional materials on the proposed amendment and HIV/ AIDS
Date (Dublin Core): 1990-05-30
Date Created (Dublin Core): 1990-05-30
Congress (Dublin Core): 101st (1989-1991)
Topics (Dublin Core): See all items with this value AIDS activists; See all items with this value Food handling; See all items with this value HIV-positive persons
Policy Area (Curation): Civil Rights and Liberties, Minority Issues
Creator (Dublin Core): Consortium for Citizens with Disabilities
Record Type (Dublin Core): correspondence
Names (Dublin Core): See all items with this value Chapman, Jim, 1945-; See all items with this value National Restaurant Association (U.S.); See all items with this value United States. Americans with Disabilities Act of 1990
Rights (Dublin Core): http://rightsstatements.org/vocab/CNE/1.0/
Language (Dublin Core): eng
Collection Finding Aid (Dublin Core): https://dolearchivecollections.ku.edu/index.php?p=collections/findingaid&id=23&q=
Physical Location (Dublin Core): Collection 003, Box 578, Folder 10
Institution (Dublin Core): Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS
Archival Collection (Dublin Core): Robert J. Dole Senate Papers-Legislative Relations, 1969-1996
Full Text (Extract Text): Consortium for Citizens with Disabilities

TO: Senate Staffers Handing the Americans with Disabilities Act
FROM: Civil Rights Task Force
DATE: May 30, 1990

The attached materials relate to the proposed Motion to Instruct on the Chapman Amendment which Senator Helms plans to offer next week. The intent and purpose of the Americans with Disabilities Act (ADA) have always been to prohibit entities from making any kind of decision based on ignorance or irrational fears.

Both the Senate and House versions of the ADA contain a provision to remove any person from a food handling position who would pose a direct threat to the health or safety of others. Even the proponents of the Chapman amendment, including the National Restaurant Association, admit (see attached material) that there is no scientific evidence that AIDS can be transmitted through the handling of food.

If you have any questions regarding this issue please contact:

Liz Savage- Epilepsy Foundation of America- 459-3700
Pat Wright- Disability Rights Education & Defense Fund- 329-5185
Tom Sheridan- AIDS Action Council- 293-2886

Thank you.

[written in red pen: motion to instruct- accept (illegible)]

[Page 1]

VOTE NO
To excluding certain food handlers from the ADA

Food handlers who do pose a risk to others are already excluded from the ADA.

-- The bill makes clear that anyone who poses a direct threat of diseases is not covered and can be refused employment,
-- A food handler with hepatitis or typhoid fever could be fired under the bill. No amendment is needed. This is in the bill.
-- The Chapman amendment expands allowable discrimination to include people who do not pose a risk to others.

The Chapman amendment does not establish any medical standards, leaving owners of businesses and food handlers to litigate the issue.

The amendment flies in the face of statements made by all public health officials.

This Amendment Is Opposed By:
Secretary of HHS, Dr. Sullivan
Director of CDC, Dr. Roper
Office of Personnel Management
National Commission on AIDS
American Medical Association
American Nurses Association
American Public Health Association
National Council of Churches
American Jewish Committee
American Baptist Churches
Leadership Conference on Civil Rights
AFL-CIO, AFSCME, UFCW and many others

"I call on the Congress to get on with the job of passing a law as embodied in the Americans with Disabilities Act -- that prohibits discrimination against those with HIV and AIDS. we won't tolerate discrimination.”
President Bush
March 29, 1990

Protect the integrity of the ADA. Move forward and not backward.

VOTE NO

[Page 2]

On Food Handlers and the ADA

This amendment is wrong because it eliminates coverage only for food handlers who pose no risk to customers or fellow employees.

Food handlers who do pose a risk to others are already excluded from the ADA.

-- The bill makes clear that anyone who poses a threat of disease is not covered and can be refused employment, can be reassigned, or fired.

-- Thus, a food handler with hepatitis or typhoid fever could be fired under the bill. No amendment is needed. This is in the bill.

But the Chapman amendment expands allowable discrimination to include people who do not represent a risk.

-- The amendment affects all food handlers with a disease, regardless of whether the disease is transmitted by food.

-- Thus, a food handler who has a disease that is lli2.t spread by food handling can be discriminated against, even though they pose no risk to others. This would include such people with such diseases as:

-- Lyme Disease (spread by ticks),
-- AIDS (spread by sexual contact or blood),
-- Toxic Shock Syndrome (the organism for which is communicable, although it does not result in disease without many other conditions), or even
-- cervical cancer (which is associated with a virus spread by sexual contact).

Moreover, the Chapman amendment does not establish any medical standards-leaving restaurant owners and restaurant workers to litigate the issue.

-- The words "communicable disease" and "of public health significance" are not defined.
-- Without standards, each restaurant owner and each restaurant worker will have to decide what discrimination is allowed. (For example, it is not at all clear that AIDS is "of public health significance" in a food-handling establishment, since it is not transmitted by food.)

[Page 3]

The Chapman amendment to the Americans with Disabilities Act -- allowing employers to deny jobs with food-handling duties to persons with "communicable diseases" – serves no legitimate purpose and should be defeated.

The amendment is not needed to deal with food-borne diseases. The Americans with Disabilities Act does not cover persons who "pose a direct threat to the health or safety of other individuals." This is sufficient to ensure that a person with a food-borne or air-borne illness such as hepatitis or tuberculosis -- will not be employed in a food-handling job.

Many communicable diseases, however, are not food-borne or air-borne. There is no need or justification to exclude people with these diseases from food-handling jobs, but the Chapman amendment would allow this discrimination.

HIV, the virus that causes AIDS, is not food-borne or air-borne. Extensive studies prove that it is not transmitted by food, handshakes, coughing, sneezing, or other daily contact. The Centers for Disease Control recommend that persons with HIV infection not be restricted in food-handling duties.

Employers in the food industry recognize that there is no danger of HIV transmission but argue that public misperceptions could cost them business and therefore they need to discriminate.

Public ignorance has never before been considered a valid excuse for discrimination. What -if the public would not patronize a racially integrated restaurant?

President Bush has spoken out strongly against discrimination against people with HIV infection. On March 29, 1990, he said that "There is only one way to deal with an individual who is sick. With dignity, compassion. and without discrimination."

President Bush has spoken out strongly against discrimination against people with HIV infection. On March 29, 1990, he said that "There is only one way to deal with an individual who is sick. With dignity, compassion. and without discrimination."

Even if no employee suffered economic harm as a result of this discrimination, the Chapman amendment would still send a false and dangerous message that would undermine the efforts of our public health officials to calm unnecessary public fears about AIDS transmission.

As President Bush said, "Every American must learn what AIDS is -- and what AIDS is not… You can't get it from food or drink... While the ignorant may discriminate against AIDS, AIDS won't discriminate among the ignorant."

[Page 4]

[Logo of Secretary of Health and Human Services]

THE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C. 20201

The Honorable Thomas S. Foley
Speaker of the House of Representatives
Washington D.C. 20515

[Stamp of May 1, 1990]

Dear Mr. Speaker:

As the House of Representatives is preparing to take legislative action on the Americans with Disabilities Act (the Act), I wish to restate my position on the need fer anti-discrimination protection for people with AIDS and HIV infection. There is strong evidence that blood-borne infections such as HIV infection are not spread by casual contact, and there is no medical reason for singling out individuals with AIDS or HIV infection for differential treatment under the Act.

While some have proposed that workers who handle food be treated differently under the Act, evidence indicates that bloodborne and sexually-transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages. rood services workers infected with HIV need not be restricted from work unless they have other infections or illnesses for which any food service worker should be restricted. Since the Act limits coverage for persons who pose a direct threat to others, relaxing the anti-discrimination protection for food service workers is not needed or justified in terms of the protection of the public health.

Further, I would add that any policy based on fears and misconceptions about HIV will only complicate and confuse disease control efforts without adding any protection to the public health. We need to defeat discrimination rather than to submit to it. The Administration is strongly committed to ensuring that all Americans with Disabilities, including HIV infection, are protected from discrimination, and believes that the Americans with Disabilities Act should furnish that protection.

The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration’s program.

Sincerely,

[Louis W. Sullivan signature]

Louis W. Sullivan, M.D.
Secretary

[Page 5]

[Logo of Department of Health and Human Service]

DEPARTMENT OF HEALTH AND HUMAN SERVICE
Public Health Service

Centers for Disease Control
Atlanta, Georgia 30333

[Stamp of May 7, 1990]

The Honorable Henry A. Waxman
House of Representatives
Washington, D.C. 20515

Dear Mr. Waxman:
Thank you for your letter concerning the transmissibility of human immunodeficiency virus (HIV) in the workplace.

National and international epidemiologic studies have consistently shown that HIV has three main routes of transmission: sexual contact with an infected person, exposure to blood or blood products primarily through needle sharing among intravenous drug users, and perinatal transmission from an infected woman to her fetus or infant. None of the reported cases of acquired immunodeficiency syndrome (AIDS) in the United States are known or suspected to have been attributable to HIV transmission via casual contact in the workplace.

All epidemiologic and laboratory evidence indicates that bloodline and sexual-transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages, and no instances of HIV transmission have been documented in this setting. In studies of households where over 400 family members lived with and/or cared for persons with HIV infection and AIDS, no instances of casual transmission have been reported, despite the sharing of kitchen and bathroom facilities, meals, and eating and drinking utensils. If HIV is not transmitted in these settings, where exposures are repeated, prolonged, and involve contact with the body secretions of infected persona, often when HIV infection was unrecognized for months or years, it would be even less likely to occur in other social or workplace settings, The pattern of cause would be much different from what is observed if casual contact resulted in HIV transmission.

The Public Health Service recommends that all food-service workers follow recommended standards and practices of good personal hygiene and food sanitation and avoid injury to the hands when preparing food. Should such an injury occur, workers are advised to discard any food

[Page 6]

Page 2- The Honorable Henry A. Waxman

Contaminated with blood. Food-service workers known to be infected with HIV need not to be restricted from work unless they have evidence of other infection or illnesses for which any food-service worker should also be restricted.

I am enclosing a copy of the Morbidity and Morality Weekly Report (MMWR) of November 15, 1985, that gives recommendations for preventing transmission of HIV in the workplace. Guidelines for food-service workers are on page 7 of the report.

Thank you for the opportunity to provide you with information concerning this public health issue. A similar letter is being sent to Representative Don Edwards.

Sincerely,

[William L. Roper signature]

William L. Roper, M.D., M.P.H.
Director

Enclosure

[Page 7]

[Logo of US eagle]

NATIONAL COMMISSION ON ACQUIRED IMMUNE DEFICENCY SYNDROME
1739 K Street, N.W., Suite 815
Washinton, D.C. 20006
(202) 254-5125 [FAX] 254-3060
CHAIRMAN
June E. Osborn, M.D.

MEMBERS
Diane Ahrens
Scott Allen
Hon. Dick Cheney
Harlon L. Salton. Esq.
Hon. Edward J. Derwinski
Eunice Diaz, M.S., M.P.H.
Donald S. Goldman. Esq.
Don C. DeJarlais. PhD.
Larry Kessler
Charles Konigsberg. M.D., M.P.H.
Belinda Mason
Davod E. Rodgers. M.D.
Hon. J. Roy Rowland. M.D.
Hon. Louis W. Sullivan. M.D.

EXECUTIVE DIRECTOR
Maureen Byrnes

May 24, 1990

The Honorable Edward M. Kennedy
The Honorable Orrin G. Hatch
Committee on Labor & Human Resources
U.S. Senate
Washington, DC 20510

Dear Senators Kennedy and Hatch:

We are writing to underscore our support for the Americans with Disabilities Act and to reiterate our concern about any amendment reducing its scope of coverage for persons with HIV infection. As you may recall, the National Commission on AIDS issued a statement to that effect at the outset of its work in September, 1989, a copy of which is attached.

As Secretary of HHS, Dr. Louis Sullivan has stated, “Any policy based on fears and misconception about HIV will only complicate and confuse disease control efforts without adding any protection to the public health.” The amendment concerning food-handlers narrowly adopted by the House only reinforces unwarranted fear and perpetuates the discrimination that the ADA is designed to end. All evidence indicates that bloodborne and sexually transmitted diseases such as HIV are not transmitted through food-handling processes. Simply put, this amendment is bad public health policy,

We hope that the conference deliberations can yield a bill that fully protects persons with HIV infection from fear and discrimination, without exception.

Sincerely,

[June E. Osborn signature]
June E. Osborn, M.D.
Chairman

[David E. Rodgers signature]
David E. Rodgers, M.D.
Vice-Chairman

/Enclosure

[page 8]

[AMA logo]
AMERICAN MEDICAL ASSOCIATION
535 NORTH DEABORN STREET | CHICAGO, ILLINOIS 60610| PHONE (312) 645-5000| TWX 910-221-0300

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

May 24, 1990

The Honorable Edward M. Kennedy
Chairman
Committee on Labor and Human Resources
United States Senate
Washington, DC 20510

RE: The Americans with Disabilities Act

Dear Mr. Chairman:

You have requested the American Medical Association’s views on the House amended version of the Americans with Disabilities Act (ADA) with regard to the provision involving food handlers. As we understand the provision, 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 of 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 infections diseases.

Sincerely,

[James S. Todd signature]

James S. Todd, MD

JST/ptb

[Page 9]

May 16, 1990

Dear Conferee:

We the undersigned representatives of governing bodies within our respective faith groups, urge you to support and pass the Americans with Disabilities Act (ADA). We oppose any amendments which will serve to weaken the present bill. We especially urge you to oppose the “food handler” amendment that will be offered by Representative Jim Chapman.

This amendment fosters the same type of irrational discrimination that the ADA is intended to eliminate. There is no medical reason to bar people with the HIV disease from working as food handlers. All research concludes that the virus cannot be spread through food, handshakes, coughing, sneezing or other daily casual contact. Recently, Dr. William Roper, Director of the Centers for Disease Control, wrote a letter which states clearly that people with AIDS do not pose a risk to others by handling food. The proposed amendment would undermine the education efforts of the federal government and our various faith groups, which are trying to educate the public about how AIDS is contracted and how it is not.

The amendment will have a disproportionate impact on poor and racial/ ethnic minority workers who rely on employment in food service sector to care for themselves and their families. Adoption of this amendment will increase dependency upon federal income support payments and significantly decrease the opportunity for individuals to live independent lives.

The proposed amendment is also directly contrary to the stated position of President Bush. Our President has publicly stated, on more than one occasion, that all people with AIDS should be covered by ADA. Exceptions due to public ignorance are not countenanced by President Bush.

ADA already contains specific language that any worker who poses a direct threat (now defined as significant risk) to others is excluded from coverage in the employment section of the bill. We, as people of faith, cannot endorse discrimination ADA is designed to eliminate. It responds to public misperception and fear by legitimizing that fear through explicit accommodation in the law.

Thank you for considering our views.

Sincerely,

Rev. Ken South
Washington Representative
AIDS National Interfaith Network

Carol B. Franklin
American Baptist Churches, USA

Judith Golub
Legislative Director
American Jewish Committee

[Page 10]

Mark J. Pelavin
Washington Representative
American Jewish Congress

Melva B. Jumerson
Acting Director
Church of the Brethren, Washington Office

Sally Timmel
Director, Washington Office
Church Women United

Dr. Kay Dowhower
Director, Lutheran Office for Governmental Affairs
Evangelical Lutheran Church in America

Joe Volk
Executive Secretary
Friends Committee on National Legislation

Joseph R. Hacala, S.J.
Jesuit Social Ministries
National Office

Delton Franz
Director
Mennonite Central Committee, Washington Office

Mary Anderson Cooper
Acting Director, Washington Office
National Council of Churches

Joan Bronk
National President
National Council of Jewish Women

Rev. Elenora Giddings Ivory
Director, Washington Office
Presbyterian Church (USA)

Jane Hull Harvey
Director, Department of Human Welfare,
General Board of Church & Society,
The United Methodist Church

Joyce V. Hamlin
Women’s Division,
General Board of Global Ministries,
The United Methodist Church

Rev. Jay Lintner
Director, Office for Church in Society
United Church of Christ

Father Robert J. Brooks
Washington Office of the Episcopal Church

[Page 11]

UFCW
Wille L. Baker, Jr.
International Vice President
Director, Public Affairs Department

VIA FAX
May 24, 1990

The Honorable Edward M. Kennedy
Chairman, Senate Labor and Human
Resources Committee
United States Senate
Washington, D.C. 20510

Dear Mr. Chairman:

On behalf of the 1.3 million members of the United Food ad Commercial Workers International Union, U strongly urge you to reject the Chapman “food handler” amendment included in the House-passed version of the Americans With Disabilities Act during Conference deliberations by the House And Senate. This amendment, which was accepted by the House by May 17, 1990 by just 12 votes, would reinforce the very kind of irrational discrimination that the ADA is designed to eliminate; and it should be rejected.

The UFCW and its local unions have collective bargaining agreements with employers throughout the food industry, including retail sales, meat packing, poultry, fish processing, and other food processing. The vase majority of our members work in the food industry; therefore, this amendment strikes at heart of our members’ economic concerns.

While this Chapman amendment purports to provide alternate employment to employees to protect them from “economic damage,” it is so badly overdrawn that a meat packer with Lyme disease could be barred for life from handling food. Significantly, the amendment does not specify that such “infectious or communicable disease” be food or airborne. Moreover, when cast against the “undue hardship” standard already of the employer simply declares that reassignment to an non-food handling job is “an action requiring significant difficulty or expenses” as provided in the bill.

Almost, most employers in the industry have a small number of jobs that so no involve food handling. In any event, many employees who work in such position will not be qualified for alternate work.

Even if no employees suffer economic harm as a result of this discrimination, the Chapman amendment would still send a false and dangerous message that would undermine the efforts of our public health officials to calm unnecessary public fears about AIDS transmission.

William H. Wynn
International
President

Jerry Menapace
International
Secretary- Treasury

Public Affairs Department
Direct Line
(202) 466-1560

United Food & Commercial Workers
International Union, AFL-CIO & CLC
1775 K Street, N.W.
Washington, D.C. 20006
(202) 223-3111 FAX (202)466-1562

The Honorable Edward H. Kennedy

May 24, 1990

-2-

According to U.S. Department of Health and Human Services Secretary, Louis W. Sullivan, M.D., “Food service workers infected with HIV need not restricted from work unless they have other infections or illnesses for which any food service worker should be restricted. Since the Act limits coverage for persons who pose a direct threat to others, relaxing the antidiscrimination protection for food service workers is not needed or justified in terms of the protection of the public health,”

As President Bush has said “Every American must learn what AIDS is – and what AIDS is not… You can’t get it from food and drink…”

Therefore, we strongly urge you to oppose discrimination and AIDS hysteria by rejecting the Chapman “food handler” amendment during the Americans with Disabilities Act Conference deliberations.

Sincerely,

[Willie L. Baker Jr. signature]

International Vice President
Director, Public Affairs Department

05.24.90 11:14 AM P03

[Page 13]

[AFSCME logo]

AFSCME
American Federation of State, County and Municipal Employees, AFL-CIO
1625 L. Street, N.W. Washington, D.C. 20036
Telephone (202) 429-1000
Telex 89-2376
Facsimile (202) 429-1293
TDD (202) 659-0446

Gerald W. McEnree
President

William Lucy
Secretary Treasurer

Vice Presidents
Ronald C. Alexander
Columbia, Ohio

Dominic J. Cadolta
New Britian, Conn.

Joseph Bolt
Richmond, Ind.

Joseph M. Bonavita
Boston, Mass.

George Boncoraglio New York, N.Y.

Robert A. Brindza
Columbus, Ohio

Stephen M. Culen
Chicago, Ill.

Albert A. Diop
New York, N.Y.

Danny Donoghue
Albany, N.Y.

Anthony M. Gingello
Rochester, N.Y.

James Glass
Lansing, Mich.

Stanley W. Hill
New York, N.Y.

Blondie P. Jordan
Orlando, Fld.

Edward J. Keller
Harrisburg, Pa.

Joseph J. Kreuser
Menomonee Falls, Wisc.

Faye D. Krone
Kasota, Minn.

Marilyn LeClaire
Columbiaville, Mich.

Joseph E. McDermott
Albany, N.Y.

Donald G. McKee
Des Moines, Iowa

Jack Merkel
Trenton, N.J.

Gary Moore
Olympia, Wash.

Henry Micholas
Philadelphia, Pa.

Russell K. Okata
Honolulu, Hawaii

George E. Popyack
Belmont, Calif.

Thomas A. Rapanotti
Baltimore, Md.

Joseph P. Rugola
Columbus, Ohio

Kathy J. Sackman
Pomona, Calif.

Burhman D. Smith
Philadelphia, Pa.

Linda Chavez-Thompson
San Antino, Tex.

Garland W. Webb
Baton Rouge, La.

The Honorable Edward M. Kennedy, Chairman
Committee on Labor and Human Resources
United States Senate
315 Russell Senate Office Building
Washington, D.C. 20510

Dear Mr. Chairman:

The American Federation of State, Country, and Municipal Employees (AFSCME) urges to oppose in conference an amendment which was added to H.R. 2273, the Americans with Disabilities Act, which would allow employers to deny jobs with food-handling duties to persons with “communicable diseases.”

This provision in the House bill has no legitimate purpose and would only serve to weaken this important legislation. It is not needed to deal with the issue of food-borne disease as the legislation does not cover persons who “pose a direct threat to the health or safety of other individuals,” this standard is sufficient to ensure that a person with a food-borne or air-borne disease will not be employed in a food-handling job.

This provision would serve to reinforce the very kind of irrational discrimination that this legislation is designed to eliminate, and it should be defeated.

Sincerely,

[Jerry D. Klepner signature]

Jerry D. Klepner
Director of Legislation

JDK: log

In the public service

05.24.90 04:48 PM P02

[Page 14]

UFCW

Norman L. Heard
International Vice President
Director, Manufacturing and Processing Division

May 24, 1990

Senator Edward M. Kennedy
Chairman, Senate Labor & Human
Resources Committee
U.S. Senate
Washington, D.C. 20510

Dear Senator Kennedy:

I am writing to you on behalf of unionized workers in the food manufacturing industry who may be affected by the “food handler” (Chapman) amendment to the Americans with Disabilities Act. Our union, the UFCW, is the largest union in the food manufacturing industry. We represent several hundred thousand workers employed there.

As you know, this amendment supposedly protects employment opportunity for food handlers by providing that employers “shall make reasonable accommodations that would offer an alternative employment opportunity for which the employee is qualified,” Practically speaking, I can tell you that there are very few “alternative” jobs in food manufacturing. Those jobs that do not directly involve food handling are maintenance (mechanical) jobs and sanitation jobs. Almost all food handlers would not be require special skills and training. As you know most food plants must also meet health and sanitation standards. There are special sanitation crews who do this work. It involves cleaning the production process. An employer who consider an employee to be a risk as a food handler, would certainly not assign that person to work cleaning equipment.

In short, there are few “alternative” jobs for workers who may be considered a risk under this amendment. In my opinion, this amendment does not add to the public health and safety protections that are now enforced through local, state and federal agencies. It may, however, adversely affect the employment opportunities of food workers. For these reasons, I would respectfully request that you oppose this amendment.

Sincerely yours,

[Norman L. Heard signature]

Norman L. Heard
International Vice President
Director, Manufacturing and
Process Division

[Page 15]

UFCW

Phillip L. Immesole
International Vice President
Direct, Packinghouse Division

VIA FAX

May 24, 1990

The Honorable Edward M. Kennedy
Chairman, Senate Labor & Human
Resources Committee
U.S. Senate
Washington, D.C. 20510

Dear Senator Kennedy:

I would like to take this opportunity, as Director of the Packinghouse Division for the 1.3-million-member United Food and Commercial Workers International Union, to comment upon the language relative to food handlers that is currently in the House-passed version of the Americans with Disabilities Act.

It should be understood that little, if any, “reasonable accommodation” (as provided for in the House-backed bill) is likely to be made for employees working in food packing and processing. In this regard, it bears nothing that there are two areas where employees would not handle food product; these are maintenance and clerical. The former is a highly skilled area that is subject to placement by seniority. Insofar as clerical positions are concerned, most packinghouse workers would lack the skills necessary to perform these kinds of duties in a plant. Also, the high incidence of cumulative trauma disorder (such as tendonitis and carpal tunnel syndrome) in the packinghouse area means, as a matter of practice, that any “light-duty” jobs (such as clerical) are already being filled by employees with this disability. Thus, these two options (i.e. maintenance and clerical) are virtually non existent for the average plant worker.

Therefore, I would urge you to oppose inclusion of the “food handler” language in the final version of the Americans With Disabilities Act.

Sincerely,

[Philip L. Immesole signature]
International Vice President
Director, [cut out]

[Page 16]

Ronald Regan
‘We Owe It to Ryan’

We owe it to Ryan to make sure that the fear and ignorance that chased him from home and his school will be eliminated. We owe it to Ryan to open our hearts and our minds to those with AIDS. We owe it to Ryan to be compassionate, caring and tolerant towards those with AIDS, their families and friends. It’s the disease that’s frightening, not the people who have it.

Ryan would probably be embarrassed by all the fuss we are making over him. He did not want to be anyone special. He just wanted to go to school, play with his friends and grow up like every other kid in the neighborhood. But it was not to be.

[Image of a child]

[Page 17]

THE BOSTON GLOBE FRIDAY, MAY 25,1990

The Boston Globe
Founded 1872

WILLIAM O. TAYLOR, Chairman of the Board and Publisher
JOHN P. GIUGGIO, Vice Chairman
JOHN S. DRISCOLL, Editor
RICHARD C. OCKERBLOOM, President
BENJAMIN B. TAYLOR, Executive Editor
MARTIN F. NOLAN, Editor, Editorial Page

DAVID STANGER, Executive VP & General Manager
ARTHUR KINGSBURY, VP & Treasurer
JOHN F. REID JR., VP Advertising
FRANK E. GRUNDSTROM JR., VP Human Resources
STEPHEN E. TAYLOR. Business Manager
GREGORY L. THORNTON, VP Employee Relations
THOMAS F. MULVOY JR .. Managing Editor/ Daily
ALFRED S. LARKIN JR.. Managing Editor/ Administration
HELEN W. DONOVAN, Managing Editor/ Sunday
KIRK SCHARFENBERG. Deputy Managing Editor
H.D.S. GREENWAY. Associate Editor
LORETTA McLAUGHLIN, Deputy Editor. Editorial Page

Publishers
CHARLES H. TAYLOR, 1873-1922
President
JOHN I. TAYLOR, 1969-1975
WILLIAM O. TAYLOR, 1922-1955
Editor
L.L. WINSHIP. 1955-1965

WM. DAVIS TAYLOR. 1955-1977
Editor
THOMAS WINSHIP, 1965-1988

Dismantling the barriers

Easing the way for disabled people to work, get where they want to go and be protected from discrimination on the job is a major social advance. The strong support of Congress for legislation that sweeps away most of the impediments that has blocked their way is a tremendous boon for the nation’s 43 million disabled individuals.

The only flaw in the Americans with Disabilities Act is an unnecessary ban restricting anyone infected with the AIDS virus form working as a food handler. This restriction should be deleted during conference negotiations, since Health and Human Services secretary Louis W. Sullivan has reaffirmed that AIDS is not spread that way.

The act truly is landmark legislation. It extends full civil rights to the disabled, including persons with AIDS, and alcoholics or drug abusers who have undergone treatment.

It compares with the 1964 Civil Rights Act that outlawed discrimination based on sex, religion, color, race or national origin in public accommodations, private employment and government services. Through the 1973 Rehabilitation Act barred companies and agencies that receive federal funds from discriminating against people with disabilities, the new extends protections across public and private jobs, irrespective of federal funds.

The bill is sensible, giving employers two years to make reasonable adjustments for disabled workers – unless such changes are an undue hardship. Buses, trains and subway cars would have to be accessible to wheelchairs. Telephone companies would have to accommodate hearing- or speech-impaired callers within three years.

Structural impediments have not only kept qualified people our of the workplace but also have shut them out of many mainstream activities. Dismantling these barriers opens the way to self-reliance as well as mobility and job security.

Enabling millions of disabled people to work will more than repay the cost of making such accommodations. The benefits are overriding.

[Page 18]

Basic Facts about AIDS
For Foodservice Employees

Prepared as a member service for foodservice employees by the National Restaurant Association

You cannot contract AIDS through causal, social contract.
-You cannot catch AIDS through touching people.
-You cannot catch AIDS through sharing bathroom facilities
-You cannot catch AIDS though breathing air in which people have sneezed or coughed.
-You cannot catch AIDS through sharing food, beverages, or eating utensils.

AIDS is not an airborne, waterborne or foodborne disease. It cannot be transmitted through the air, water, or food. The only medically documented manner in which AIDS can be contracted is by sexual contact, by shared needles (usually associated with drug addiction), by infusion of contaminated blood, or through the placenta from mother to fetus.

This means that, in regards to AIDS, foodservice operations are safe places in which to work and dine.

In regard to the general workplace, these fears are unfounded. They are particularly unfounded. They are particularly unfounded in regard to foodservice operations. AIDS is not passed though the daily routines that occur in restaurants. You cannot catch the disease by working with someone who has AIDS or by eating food prepared by someone who has AIDS.
Nor is anyone at risk from eating food prepared by a person who may have AIDS. The AIDS virus is not transmitted through food or drink.

NATIONAL RESTAURANT ASSOCIATION
1200 Seventeenth Street, N.W.
Washington, DC 20036
202/331-5900

[Page 19]

From National Restaurant Association White Paper on AIDS

“For the past 11 years, the National Restaurant Association has promoted a program to encourage the industry to look at the benefit of employing persons with disabilities. The program, on the one hand, aims to provide employers with willing and qualified workers to fill plentiful jobs in this era of relatively low unemployment rates. The program, on the other hand, gives a fair chance to people with physical or mental disabilities to fill jobs they are qualified for and to find in work a basis for greater independence and an incentive to sense their human dignity.”

“Though it was determined early that AIDS is found in body fluids; there has been no evidence that it is spread by casual contact such as a handshake, a kiss, or that it is spread through air, food or water (emphasis theirs)."

"Workers, including those in the foodservice industry, should not be restricted from work or the use of facilities and equipment solely on the basis of a diagnosis of an AIDS infection."

[Page 20]

"Panic is driven by fear which, when unwarranted, usually stems from a lack of knowledge. At present, the public is receiving a steady flow of reliable information about AIDS from responsible sources … These circumstances can generate irrational fears, which can lead to panic unless people are reminded of the facts. Put simply, the facts are:
"AIDS cannot be spread in the air, in food or beverages or in casual contacts such as shaking hands and kissing."

"Because AIDS -is not a foodborne disease or passed. through casual contact, CDC has not recommended any special practices be adopted by foodhandlers. 1.nstead COC recommends that normal hygiene practices. should be followed as usual."

"The facts about AIDS presented here are based on the best judgment of the medical experts -- people who have been studying this illness since it was identified. Such informed opinion has to take precedence over contrary views put forth by the ignorant or fearful."

[Page 21]

"Today I call on the House of Representatives to get on with the job of passing a law -- as embodied in the Americans with Disabilities Act -- that prohibits discrimination against those with HIV and AIDS. We're in a fight against a disease -- not a fight against people. And we won't tolerate discrimination.”
-- President George Bush,
March 29, 1990

"We owe it to Ryan (White) to be compassionate, caring and tolerant toward those with AIDS, their families and friends. It's the disease that's frightening, not the people who have it."
-- Ronald Regan
April 11, 1990

"All epidemiologic and laboratory evidence indicates that bloodborne and sexually- transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages, and no instances of HIV transmission have been documented in this setting."
-- Dr. William Roper, Director,
Centers for Disease Control

[Page 22]; Consortium for Citizens with Disabilities

TO: Senate Staffers Handing the Americans with Disabilities Act
FROM: Civil Rights Task Force
DATE: May 30, 1990

The attached materials relate to the proposed Motion to Instruct on the Chapman Amendment which Senator Helms plans to offer next week. The intent and purpose of the Americans with Disabilities Act (ADA) have always been to prohibit entities from making any kind of decision based on ignorance or irrational fears.

Both the Senate and House versions of the ADA contain a provision to remove any person from a food handling position who would pose a direct threat to the health or safety of others. Even the proponents of the Chapman amendment, including the National Restaurant Association, admit (see attached material) that there is no scientific evidence that AIDS can be transmitted through the handling of food.

If you have any questions regarding this issue please contact:

Liz Savage- Epilepsy Foundation of America- 459-3700
Pat Wright- Disability Rights Education & Defense Fund- 329-5185
Tom Sheridan- AIDS Action Council- 293-2886

Thank you.

[written in red pen: motion to instruct- accept (illegible)]

[Page 1]

VOTE NO
To excluding certain food handlers from the ADA

Food handlers who do pose a risk to others are already excluded from the ADA.

-- The bill makes clear that anyone who poses a direct threat of diseases is not covered and can be refused employment,
-- A food handler with hepatitis or typhoid fever could be fired under the bill. No amendment is needed. This is in the bill.
-- The Chapman amendment expands allowable discrimination to include people who do not pose a risk to others.

The Chapman amendment does not establish any medical standards, leaving owners of businesses and food handlers to litigate the issue.

The amendment flies in the face of statements made by all public health officials.

This Amendment Is Opposed By:
Secretary of HHS, Dr. Sullivan
Director of CDC, Dr. Roper
Office of Personnel Management
National Commission on AIDS
American Medical Association
American Nurses Association
American Public Health Association
National Council of Churches
American Jewish Committee
American Baptist Churches
Leadership Conference on Civil Rights
AFL-CIO, AFSCME, UFCW and many others

"I call on the Congress to get on with the job of passing a law as embodied in the Americans with Disabilities Act -- that prohibits discrimination against those with HIV and AIDS. we won't tolerate discrimination.”
President Bush
March 29, 1990

Protect the integrity of the ADA. Move forward and not backward.

VOTE NO

[Page 2]

On Food Handlers and the ADA

This amendment is wrong because it eliminates coverage only for food handlers who pose no risk to customers or fellow employees.

Food handlers who do pose a risk to others are already excluded from the ADA.

-- The bill makes clear that anyone who poses a threat of disease is not covered and can be refused employment, can be reassigned, or fired.

-- Thus, a food handler with hepatitis or typhoid fever could be fired under the bill. No amendment is needed. This is in the bill.

But the Chapman amendment expands allowable discrimination to include people who do not represent a risk.

-- The amendment affects all food handlers with a disease, regardless of whether the disease is transmitted by food.

-- Thus, a food handler who has a disease that is lli2.t spread by food handling can be discriminated against, even though they pose no risk to others. This would include such people with such diseases as:

-- Lyme Disease (spread by ticks),
-- AIDS (spread by sexual contact or blood),
-- Toxic Shock Syndrome (the organism for which is communicable, although it does not result in disease without many other conditions), or even
-- cervical cancer (which is associated with a virus spread by sexual contact).

Moreover, the Chapman amendment does not establish any medical standards-leaving restaurant owners and restaurant workers to litigate the issue.

-- The words "communicable disease" and "of public health significance" are not defined.
-- Without standards, each restaurant owner and each restaurant worker will have to decide what discrimination is allowed. (For example, it is not at all clear that AIDS is "of public health significance" in a food-handling establishment, since it is not transmitted by food.)

[Page 3]

The Chapman amendment to the Americans with Disabilities Act -- allowing employers to deny jobs with food-handling duties to persons with "communicable diseases" – serves no legitimate purpose and should be defeated.

The amendment is not needed to deal with food-borne diseases. The Americans with Disabilities Act does not cover persons who "pose a direct threat to the health or safety of other individuals." This is sufficient to ensure that a person with a food-borne or air-borne illness such as hepatitis or tuberculosis -- will not be employed in a food-handling job.

Many communicable diseases, however, are not food-borne or air-borne. There is no need or justification to exclude people with these diseases from food-handling jobs, but the Chapman amendment would allow this discrimination.

HIV, the virus that causes AIDS, is not food-borne or air-borne. Extensive studies prove that it is not transmitted by food, handshakes, coughing, sneezing, or other daily contact. The Centers for Disease Control recommend that persons with HIV infection not be restricted in food-handling duties.

Employers in the food industry recognize that there is no danger of HIV transmission but argue that public misperceptions could cost them business and therefore they need to discriminate.

Public ignorance has never before been considered a valid excuse for discrimination. What -if the public would not patronize a racially integrated restaurant?

President Bush has spoken out strongly against discrimination against people with HIV infection. On March 29, 1990, he said that "There is only one way to deal with an individual who is sick. With dignity, compassion. and without discrimination."

President Bush has spoken out strongly against discrimination against people with HIV infection. On March 29, 1990, he said that "There is only one way to deal with an individual who is sick. With dignity, compassion. and without discrimination."

Even if no employee suffered economic harm as a result of this discrimination, the Chapman amendment would still send a false and dangerous message that would undermine the efforts of our public health officials to calm unnecessary public fears about AIDS transmission.

As President Bush said, "Every American must learn what AIDS is -- and what AIDS is not… You can't get it from food or drink... While the ignorant may discriminate against AIDS, AIDS won't discriminate among the ignorant."

[Page 4]

[Logo of Secretary of Health and Human Services]

THE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C. 20201

The Honorable Thomas S. Foley
Speaker of the House of Representatives
Washington D.C. 20515

[Stamp of May 1, 1990]

Dear Mr. Speaker:

As the House of Representatives is preparing to take legislative action on the Americans with Disabilities Act (the Act), I wish to restate my position on the need fer anti-discrimination protection for people with AIDS and HIV infection. There is strong evidence that blood-borne infections such as HIV infection are not spread by casual contact, and there is no medical reason for singling out individuals with AIDS or HIV infection for differential treatment under the Act.

While some have proposed that workers who handle food be treated differently under the Act, evidence indicates that bloodborne and sexually-transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages. rood services workers infected with HIV need not be restricted from work unless they have other infections or illnesses for which any food service worker should be restricted. Since the Act limits coverage for persons who pose a direct threat to others, relaxing the anti-discrimination protection for food service workers is not needed or justified in terms of the protection of the public health.

Further, I would add that any policy based on fears and misconceptions about HIV will only complicate and confuse disease control efforts without adding any protection to the public health. We need to defeat discrimination rather than to submit to it. The Administration is strongly committed to ensuring that all Americans with Disabilities, including HIV infection, are protected from discrimination, and believes that the Americans with Disabilities Act should furnish that protection.

The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration’s program.

Sincerely,

[Louis W. Sullivan signature]

Louis W. Sullivan, M.D.
Secretary

[Page 5]

[Logo of Department of Health and Human Service]

DEPARTMENT OF HEALTH AND HUMAN SERVICE
Public Health Service

Centers for Disease Control
Atlanta, Georgia 30333

[Stamp of May 7, 1990]

The Honorable Henry A. Waxman
House of Representatives
Washington, D.C. 20515

Dear Mr. Waxman:
Thank you for your letter concerning the transmissibility of human immunodeficiency virus (HIV) in the workplace.

National and international epidemiologic studies have consistently shown that HIV has three main routes of transmission: sexual contact with an infected person, exposure to blood or blood products primarily through needle sharing among intravenous drug users, and perinatal transmission from an infected woman to her fetus or infant. None of the reported cases of acquired immunodeficiency syndrome (AIDS) in the United States are known or suspected to have been attributable to HIV transmission via casual contact in the workplace.

All epidemiologic and laboratory evidence indicates that bloodline and sexual-transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages, and no instances of HIV transmission have been documented in this setting. In studies of households where over 400 family members lived with and/or cared for persons with HIV infection and AIDS, no instances of casual transmission have been reported, despite the sharing of kitchen and bathroom facilities, meals, and eating and drinking utensils. If HIV is not transmitted in these settings, where exposures are repeated, prolonged, and involve contact with the body secretions of infected persona, often when HIV infection was unrecognized for months or years, it would be even less likely to occur in other social or workplace settings, The pattern of cause would be much different from what is observed if casual contact resulted in HIV transmission.

The Public Health Service recommends that all food-service workers follow recommended standards and practices of good personal hygiene and food sanitation and avoid injury to the hands when preparing food. Should such an injury occur, workers are advised to discard any food

[Page 6]

Page 2- The Honorable Henry A. Waxman

Contaminated with blood. Food-service workers known to be infected with HIV need not to be restricted from work unless they have evidence of other infection or illnesses for which any food-service worker should also be restricted.

I am enclosing a copy of the Morbidity and Morality Weekly Report (MMWR) of November 15, 1985, that gives recommendations for preventing transmission of HIV in the workplace. Guidelines for food-service workers are on page 7 of the report.

Thank you for the opportunity to provide you with information concerning this public health issue. A similar letter is being sent to Representative Don Edwards.

Sincerely,

[William L. Roper signature]

William L. Roper, M.D., M.P.H.
Director

Enclosure

[Page 7]

[Logo of US eagle]

NATIONAL COMMISSION ON ACQUIRED IMMUNE DEFICENCY SYNDROME
1739 K Street, N.W., Suite 815
Washinton, D.C. 20006
(202) 254-5125 [FAX] 254-3060
CHAIRMAN
June E. Osborn, M.D.

MEMBERS
Diane Ahrens
Scott Allen
Hon. Dick Cheney
Harlon L. Salton. Esq.
Hon. Edward J. Derwinski
Eunice Diaz, M.S., M.P.H.
Donald S. Goldman. Esq.
Don C. DeJarlais. PhD.
Larry Kessler
Charles Konigsberg. M.D., M.P.H.
Belinda Mason
Davod E. Rodgers. M.D.
Hon. J. Roy Rowland. M.D.
Hon. Louis W. Sullivan. M.D.

EXECUTIVE DIRECTOR
Maureen Byrnes

May 24, 1990

The Honorable Edward M. Kennedy
The Honorable Orrin G. Hatch
Committee on Labor & Human Resources
U.S. Senate
Washington, DC 20510

Dear Senators Kennedy and Hatch:

We are writing to underscore our support for the Americans with Disabilities Act and to reiterate our concern about any amendment reducing its scope of coverage for persons with HIV infection. As you may recall, the National Commission on AIDS issued a statement to that effect at the outset of its work in September, 1989, a copy of which is attached.

As Secretary of HHS, Dr. Louis Sullivan has stated, “Any policy based on fears and misconception about HIV will only complicate and confuse disease control efforts without adding any protection to the public health.” The amendment concerning food-handlers narrowly adopted by the House only reinforces unwarranted fear and perpetuates the discrimination that the ADA is designed to end. All evidence indicates that bloodborne and sexually transmitted diseases such as HIV are not transmitted through food-handling processes. Simply put, this amendment is bad public health policy,

We hope that the conference deliberations can yield a bill that fully protects persons with HIV infection from fear and discrimination, without exception.

Sincerely,

[June E. Osborn signature]
June E. Osborn, M.D.
Chairman

[David E. Rodgers signature]
David E. Rodgers, M.D.
Vice-Chairman

/Enclosure

[page 8]

[AMA logo]
AMERICAN MEDICAL ASSOCIATION
535 NORTH DEABORN STREET | CHICAGO, ILLINOIS 60610| PHONE (312) 645-5000| TWX 910-221-0300

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

May 24, 1990

The Honorable Edward M. Kennedy
Chairman
Committee on Labor and Human Resources
United States Senate
Washington, DC 20510

RE: The Americans with Disabilities Act

Dear Mr. Chairman:

You have requested the American Medical Association’s views on the House amended version of the Americans with Disabilities Act (ADA) with regard to the provision involving food handlers. As we understand the provision, 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 of 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 infections diseases.

Sincerely,

[James S. Todd signature]

James S. Todd, MD

JST/ptb

[Page 9]

May 16, 1990

Dear Conferee:

We the undersigned representatives of governing bodies within our respective faith groups, urge you to support and pass the Americans with Disabilities Act (ADA). We oppose any amendments which will serve to weaken the present bill. We especially urge you to oppose the “food handler” amendment that will be offered by Representative Jim Chapman.

This amendment fosters the same type of irrational discrimination that the ADA is intended to eliminate. There is no medical reason to bar people with the HIV disease from working as food handlers. All research concludes that the virus cannot be spread through food, handshakes, coughing, sneezing or other daily casual contact. Recently, Dr. William Roper, Director of the Centers for Disease Control, wrote a letter which states clearly that people with AIDS do not pose a risk to others by handling food. The proposed amendment would undermine the education efforts of the federal government and our various faith groups, which are trying to educate the public about how AIDS is contracted and how it is not.

The amendment will have a disproportionate impact on poor and racial/ ethnic minority workers who rely on employment in food service sector to care for themselves and their families. Adoption of this amendment will increase dependency upon federal income support payments and significantly decrease the opportunity for individuals to live independent lives.

The proposed amendment is also directly contrary to the stated position of President Bush. Our President has publicly stated, on more than one occasion, that all people with AIDS should be covered by ADA. Exceptions due to public ignorance are not countenanced by President Bush.

ADA already contains specific language that any worker who poses a direct threat (now defined as significant risk) to others is excluded from coverage in the employment section of the bill. We, as people of faith, cannot endorse discrimination ADA is designed to eliminate. It responds to public misperception and fear by legitimizing that fear through explicit accommodation in the law.

Thank you for considering our views.

Sincerely,

Rev. Ken South
Washington Representative
AIDS National Interfaith Network

Carol B. Franklin
American Baptist Churches, USA

Judith Golub
Legislative Director
American Jewish Committee

[Page 10]

Mark J. Pelavin
Washington Representative
American Jewish Congress

Melva B. Jumerson
Acting Director
Church of the Brethren, Washington Office

Sally Timmel
Director, Washington Office
Church Women United

Dr. Kay Dowhower
Director, Lutheran Office for Governmental Affairs
Evangelical Lutheran Church in America

Joe Volk
Executive Secretary
Friends Committee on National Legislation

Joseph R. Hacala, S.J.
Jesuit Social Ministries
National Office

Delton Franz
Director
Mennonite Central Committee, Washington Office

Mary Anderson Cooper
Acting Director, Washington Office
National Council of Churches

Joan Bronk
National President
National Council of Jewish Women

Rev. Elenora Giddings Ivory
Director, Washington Office
Presbyterian Church (USA)

Jane Hull Harvey
Director, Department of Human Welfare,
General Board of Church & Society,
The United Methodist Church

Joyce V. Hamlin
Women’s Division,
General Board of Global Ministries,
The United Methodist Church

Rev. Jay Lintner
Director, Office for Church in Society
United Church of Christ

Father Robert J. Brooks
Washington Office of the Episcopal Church

[Page 11]

UFCW
Wille L. Baker, Jr.
International Vice President
Director, Public Affairs Department

VIA FAX
May 24, 1990

The Honorable Edward M. Kennedy
Chairman, Senate Labor and Human
Resources Committee
United States Senate
Washington, D.C. 20510

Dear Mr. Chairman:

On behalf of the 1.3 million members of the United Food ad Commercial Workers International Union, U strongly urge you to reject the Chapman “food handler” amendment included in the House-passed version of the Americans With Disabilities Act during Conference deliberations by the House And Senate. This amendment, which was accepted by the House by May 17, 1990 by just 12 votes, would reinforce the very kind of irrational discrimination that the ADA is designed to eliminate; and it should be rejected.

The UFCW and its local unions have collective bargaining agreements with employers throughout the food industry, including retail sales, meat packing, poultry, fish processing, and other food processing. The vase majority of our members work in the food industry; therefore, this amendment strikes at heart of our members’ economic concerns.

While this Chapman amendment purports to provide alternate employment to employees to protect them from “economic damage,” it is so badly overdrawn that a meat packer with Lyme disease could be barred for life from handling food. Significantly, the amendment does not specify that such “infectious or communicable disease” be food or airborne. Moreover, when cast against the “undue hardship” standard already of the employer simply declares that reassignment to an non-food handling job is “an action requiring significant difficulty or expenses” as provided in the bill.

Almost, most employers in the industry have a small number of jobs that so no involve food handling. In any event, many employees who work in such position will not be qualified for alternate work.

Even if no employees suffer economic harm as a result of this discrimination, the Chapman amendment would still send a false and dangerous message that would undermine the efforts of our public health officials to calm unnecessary public fears about AIDS transmission.

William H. Wynn
International
President

Jerry Menapace
International
Secretary- Treasury

Public Affairs Department
Direct Line
(202) 466-1560

United Food & Commercial Workers
International Union, AFL-CIO & CLC
1775 K Street, N.W.
Washington, D.C. 20006
(202) 223-3111 FAX (202)466-1562

The Honorable Edward H. Kennedy

May 24, 1990

-2-

According to U.S. Department of Health and Human Services Secretary, Louis W. Sullivan, M.D., “Food service workers infected with HIV need not restricted from work unless they have other infections or illnesses for which any food service worker should be restricted. Since the Act limits coverage for persons who pose a direct threat to others, relaxing the antidiscrimination protection for food service workers is not needed or justified in terms of the protection of the public health,”

As President Bush has said “Every American must learn what AIDS is – and what AIDS is not… You can’t get it from food and drink…”

Therefore, we strongly urge you to oppose discrimination and AIDS hysteria by rejecting the Chapman “food handler” amendment during the Americans with Disabilities Act Conference deliberations.

Sincerely,

[Willie L. Baker Jr. signature]

International Vice President
Director, Public Affairs Department

05.24.90 11:14 AM P03

[Page 13]

[AFSCME logo]

AFSCME
American Federation of State, County and Municipal Employees, AFL-CIO
1625 L. Street, N.W. Washington, D.C. 20036
Telephone (202) 429-1000
Telex 89-2376
Facsimile (202) 429-1293
TDD (202) 659-0446

Gerald W. McEnree
President

William Lucy
Secretary Treasurer

Vice Presidents
Ronald C. Alexander
Columbia, Ohio

Dominic J. Cadolta
New Britian, Conn.

Joseph Bolt
Richmond, Ind.

Joseph M. Bonavita
Boston, Mass.

George Boncoraglio New York, N.Y.

Robert A. Brindza
Columbus, Ohio

Stephen M. Culen
Chicago, Ill.

Albert A. Diop
New York, N.Y.

Danny Donoghue
Albany, N.Y.

Anthony M. Gingello
Rochester, N.Y.

James Glass
Lansing, Mich.

Stanley W. Hill
New York, N.Y.

Blondie P. Jordan
Orlando, Fld.

Edward J. Keller
Harrisburg, Pa.

Joseph J. Kreuser
Menomonee Falls, Wisc.

Faye D. Krone
Kasota, Minn.

Marilyn LeClaire
Columbiaville, Mich.

Joseph E. McDermott
Albany, N.Y.

Donald G. McKee
Des Moines, Iowa

Jack Merkel
Trenton, N.J.

Gary Moore
Olympia, Wash.

Henry Micholas
Philadelphia, Pa.

Russell K. Okata
Honolulu, Hawaii

George E. Popyack
Belmont, Calif.

Thomas A. Rapanotti
Baltimore, Md.

Joseph P. Rugola
Columbus, Ohio

Kathy J. Sackman
Pomona, Calif.

Burhman D. Smith
Philadelphia, Pa.

Linda Chavez-Thompson
San Antino, Tex.

Garland W. Webb
Baton Rouge, La.

The Honorable Edward M. Kennedy, Chairman
Committee on Labor and Human Resources
United States Senate
315 Russell Senate Office Building
Washington, D.C. 20510

Dear Mr. Chairman:

The American Federation of State, Country, and Municipal Employees (AFSCME) urges to oppose in conference an amendment which was added to H.R. 2273, the Americans with Disabilities Act, which would allow employers to deny jobs with food-handling duties to persons with “communicable diseases.”

This provision in the House bill has no legitimate purpose and would only serve to weaken this important legislation. It is not needed to deal with the issue of food-borne disease as the legislation does not cover persons who “pose a direct threat to the health or safety of other individuals,” this standard is sufficient to ensure that a person with a food-borne or air-borne disease will not be employed in a food-handling job.

This provision would serve to reinforce the very kind of irrational discrimination that this legislation is designed to eliminate, and it should be defeated.

Sincerely,

[Jerry D. Klepner signature]

Jerry D. Klepner
Director of Legislation

JDK: log

In the public service

05.24.90 04:48 PM P02

[Page 14]

UFCW

Norman L. Heard
International Vice President
Director, Manufacturing and Processing Division

May 24, 1990

Senator Edward M. Kennedy
Chairman, Senate Labor & Human
Resources Committee
U.S. Senate
Washington, D.C. 20510

Dear Senator Kennedy:

I am writing to you on behalf of unionized workers in the food manufacturing industry who may be affected by the “food handler” (Chapman) amendment to the Americans with Disabilities Act. Our union, the UFCW, is the largest union in the food manufacturing industry. We represent several hundred thousand workers employed there.

As you know, this amendment supposedly protects employment opportunity for food handlers by providing that employers “shall make reasonable accommodations that would offer an alternative employment opportunity for which the employee is qualified,” Practically speaking, I can tell you that there are very few “alternative” jobs in food manufacturing. Those jobs that do not directly involve food handling are maintenance (mechanical) jobs and sanitation jobs. Almost all food handlers would not be require special skills and training. As you know most food plants must also meet health and sanitation standards. There are special sanitation crews who do this work. It involves cleaning the production process. An employer who consider an employee to be a risk as a food handler, would certainly not assign that person to work cleaning equipment.

In short, there are few “alternative” jobs for workers who may be considered a risk under this amendment. In my opinion, this amendment does not add to the public health and safety protections that are now enforced through local, state and federal agencies. It may, however, adversely affect the employment opportunities of food workers. For these reasons, I would respectfully request that you oppose this amendment.

Sincerely yours,

[Norman L. Heard signature]

Norman L. Heard
International Vice President
Director, Manufacturing and
Process Division

[Page 15]

UFCW

Phillip L. Immesole
International Vice President
Direct, Packinghouse Division

VIA FAX

May 24, 1990

The Honorable Edward M. Kennedy
Chairman, Senate Labor & Human
Resources Committee
U.S. Senate
Washington, D.C. 20510

Dear Senator Kennedy:

I would like to take this opportunity, as Director of the Packinghouse Division for the 1.3-million-member United Food and Commercial Workers International Union, to comment upon the language relative to food handlers that is currently in the House-passed version of the Americans with Disabilities Act.

It should be understood that little, if any, “reasonable accommodation” (as provided for in the House-backed bill) is likely to be made for employees working in food packing and processing. In this regard, it bears nothing that there are two areas where employees would not handle food product; these are maintenance and clerical. The former is a highly skilled area that is subject to placement by seniority. Insofar as clerical positions are concerned, most packinghouse workers would lack the skills necessary to perform these kinds of duties in a plant. Also, the high incidence of cumulative trauma disorder (such as tendonitis and carpal tunnel syndrome) in the packinghouse area means, as a matter of practice, that any “light-duty” jobs (such as clerical) are already being filled by employees with this disability. Thus, these two options (i.e. maintenance and clerical) are virtually non existent for the average plant worker.

Therefore, I would urge you to oppose inclusion of the “food handler” language in the final version of the Americans With Disabilities Act.

Sincerely,

[Philip L. Immesole signature]
International Vice President
Director, [cut out]

[Page 16]

Ronald Regan
‘We Owe It to Ryan’

We owe it to Ryan to make sure that the fear and ignorance that chased him from home and his school will be eliminated. We owe it to Ryan to open our hearts and our minds to those with AIDS. We owe it to Ryan to be compassionate, caring and tolerant towards those with AIDS, their families and friends. It’s the disease that’s frightening, not the people who have it.

Ryan would probably be embarrassed by all the fuss we are making over him. He did not want to be anyone special. He just wanted to go to school, play with his friends and grow up like every other kid in the neighborhood. But it was not to be.

[Image of a child]

[Page 17]

THE BOSTON GLOBE FRIDAY, MAY 25,1990

The Boston Globe
Founded 1872

WILLIAM O. TAYLOR, Chairman of the Board and Publisher
JOHN P. GIUGGIO, Vice Chairman
JOHN S. DRISCOLL, Editor
RICHARD C. OCKERBLOOM, President
BENJAMIN B. TAYLOR, Executive Editor
MARTIN F. NOLAN, Editor, Editorial Page

DAVID STANGER, Executive VP & General Manager
ARTHUR KINGSBURY, VP & Treasurer
JOHN F. REID JR., VP Advertising
FRANK E. GRUNDSTROM JR., VP Human Resources
STEPHEN E. TAYLOR. Business Manager
GREGORY L. THORNTON, VP Employee Relations
THOMAS F. MULVOY JR .. Managing Editor/ Daily
ALFRED S. LARKIN JR.. Managing Editor/ Administration
HELEN W. DONOVAN, Managing Editor/ Sunday
KIRK SCHARFENBERG. Deputy Managing Editor
H.D.S. GREENWAY. Associate Editor
LORETTA McLAUGHLIN, Deputy Editor. Editorial Page

Publishers
CHARLES H. TAYLOR, 1873-1922
President
JOHN I. TAYLOR, 1969-1975
WILLIAM O. TAYLOR, 1922-1955
Editor
L.L. WINSHIP. 1955-1965

WM. DAVIS TAYLOR. 1955-1977
Editor
THOMAS WINSHIP, 1965-1988

Dismantling the barriers

Easing the way for disabled people to work, get where they want to go and be protected from discrimination on the job is a major social advance. The strong support of Congress for legislation that sweeps away most of the impediments that has blocked their way is a tremendous boon for the nation’s 43 million disabled individuals.

The only flaw in the Americans with Disabilities Act is an unnecessary ban restricting anyone infected with the AIDS virus form working as a food handler. This restriction should be deleted during conference negotiations, since Health and Human Services secretary Louis W. Sullivan has reaffirmed that AIDS is not spread that way.

The act truly is landmark legislation. It extends full civil rights to the disabled, including persons with AIDS, and alcoholics or drug abusers who have undergone treatment.

It compares with the 1964 Civil Rights Act that outlawed discrimination based on sex, religion, color, race or national origin in public accommodations, private employment and government services. Through the 1973 Rehabilitation Act barred companies and agencies that receive federal funds from discriminating against people with disabilities, the new extends protections across public and private jobs, irrespective of federal funds.

The bill is sensible, giving employers two years to make reasonable adjustments for disabled workers – unless such changes are an undue hardship. Buses, trains and subway cars would have to be accessible to wheelchairs. Telephone companies would have to accommodate hearing- or speech-impaired callers within three years.

Structural impediments have not only kept qualified people our of the workplace but also have shut them out of many mainstream activities. Dismantling these barriers opens the way to self-reliance as well as mobility and job security.

Enabling millions of disabled people to work will more than repay the cost of making such accommodations. The benefits are overriding.

[Page 18]

Basic Facts about AIDS
For Foodservice Employees

Prepared as a member service for foodservice employees by the National Restaurant Association

You cannot contract AIDS through causal, social contract.
-You cannot catch AIDS through touching people.
-You cannot catch AIDS through sharing bathroom facilities
-You cannot catch AIDS though breathing air in which people have sneezed or coughed.
-You cannot catch AIDS through sharing food, beverages, or eating utensils.

AIDS is not an airborne, waterborne or foodborne disease. It cannot be transmitted through the air, water, or food. The only medically documented manner in which AIDS can be contracted is by sexual contact, by shared needles (usually associated with drug addiction), by infusion of contaminated blood, or through the placenta from mother to fetus.

This means that, in regards to AIDS, foodservice operations are safe places in which to work and dine.

In regard to the general workplace, these fears are unfounded. They are particularly unfounded. They are particularly unfounded in regard to foodservice operations. AIDS is not passed though the daily routines that occur in restaurants. You cannot catch the disease by working with someone who has AIDS or by eating food prepared by someone who has AIDS.
Nor is anyone at risk from eating food prepared by a person who may have AIDS. The AIDS virus is not transmitted through food or drink.

NATIONAL RESTAURANT ASSOCIATION
1200 Seventeenth Street, N.W.
Washington, DC 20036
202/331-5900

[Page 19]

From National Restaurant Association White Paper on AIDS

“For the past 11 years, the National Restaurant Association has promoted a program to encourage the industry to look at the benefit of employing persons with disabilities. The program, on the one hand, aims to provide employers with willing and qualified workers to fill plentiful jobs in this era of relatively low unemployment rates. The program, on the other hand, gives a fair chance to people with physical or mental disabilities to fill jobs they are qualified for and to find in work a basis for greater independence and an incentive to sense their human dignity.”

“Though it was determined early that AIDS is found in body fluids; there has been no evidence that it is spread by casual contact such as a handshake, a kiss, or that it is spread through air, food or water (emphasis theirs)."

"Workers, including those in the foodservice industry, should not be restricted from work or the use of facilities and equipment solely on the basis of a diagnosis of an AIDS infection."

[Page 20]

"Panic is driven by fear which, when unwarranted, usually stems from a lack of knowledge. At present, the public is receiving a steady flow of reliable information about AIDS from responsible sources … These circumstances can generate irrational fears, which can lead to panic unless people are reminded of the facts. Put simply, the facts are:
"AIDS cannot be spread in the air, in food or beverages or in casual contacts such as shaking hands and kissing."

"Because AIDS -is not a foodborne disease or passed. through casual contact, CDC has not recommended any special practices be adopted by foodhandlers. 1.nstead COC recommends that normal hygiene practices. should be followed as usual."

"The facts about AIDS presented here are based on the best judgment of the medical experts -- people who have been studying this illness since it was identified. Such informed opinion has to take precedence over contrary views put forth by the ignorant or fearful."

[Page 21]

"Today I call on the House of Representatives to get on with the job of passing a law -- as embodied in the Americans with Disabilities Act -- that prohibits discrimination against those with HIV and AIDS. We're in a fight against a disease -- not a fight against people. And we won't tolerate discrimination.”
-- President George Bush,
March 29, 1990

"We owe it to Ryan (White) to be compassionate, caring and tolerant toward those with AIDS, their families and friends. It's the disease that's frightening, not the people who have it."
-- Ronald Regan
April 11, 1990

"All epidemiologic and laboratory evidence indicates that bloodborne and sexually- transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages, and no instances of HIV transmission have been documented in this setting."
-- Dr. William Roper, Director,
Centers for Disease Control

[Page 22]; Consortium for Citizens with Disabilities

TO: Senate Staffers Handing the Americans with Disabilities Act
FROM: Civil Rights Task Force
DATE: May 30, 1990

The attached materials relate to the proposed Motion to Instruct on the Chapman Amendment which Senator Helms plans to offer next week. The intent and purpose of the Americans with Disabilities Act (ADA) have always been to prohibit entities from making any kind of decision based on ignorance or irrational fears.

Both the Senate and House versions of the ADA contain a provision to remove any person from a food handling position who would pose a direct threat to the health or safety of others. Even the proponents of the Chapman amendment, including the National Restaurant Association, admit (see attached material) that there is no scientific evidence that AIDS can be transmitted through the handling of food.

If you have any questions regarding this issue please contact:

Liz Savage- Epilepsy Foundation of America- 459-3700
Pat Wright- Disability Rights Education & Defense Fund- 329-5185
Tom Sheridan- AIDS Action Council- 293-2886

Thank you.

[written in red pen: motion to instruct- accept (illegible)]

[Page 1]

VOTE NO
To excluding certain food handlers from the ADA

Food handlers who do pose a risk to others are already excluded from the ADA.

-- The bill makes clear that anyone who poses a direct threat of diseases is not covered and can be refused employment,
-- A food handler with hepatitis or typhoid fever could be fired under the bill. No amendment is needed. This is in the bill.
-- The Chapman amendment expands allowable discrimination to include people who do not pose a risk to others.

The Chapman amendment does not establish any medical standards, leaving owners of businesses and food handlers to litigate the issue.

The amendment flies in the face of statements made by all public health officials.

This Amendment Is Opposed By:
Secretary of HHS, Dr. Sullivan
Director of CDC, Dr. Roper
Office of Personnel Management
National Commission on AIDS
American Medical Association
American Nurses Association
American Public Health Association
National Council of Churches
American Jewish Committee
American Baptist Churches
Leadership Conference on Civil Rights
AFL-CIO, AFSCME, UFCW and many others

"I call on the Congress to get on with the job of passing a law as embodied in the Americans with Disabilities Act -- that prohibits discrimination against those with HIV and AIDS. we won't tolerate discrimination.”
President Bush
March 29, 1990

Protect the integrity of the ADA. Move forward and not backward.

VOTE NO

[Page 2]

On Food Handlers and the ADA

This amendment is wrong because it eliminates coverage only for food handlers who pose no risk to customers or fellow employees.

Food handlers who do pose a risk to others are already excluded from the ADA.

-- The bill makes clear that anyone who poses a threat of disease is not covered and can be refused employment, can be reassigned, or fired.

-- Thus, a food handler with hepatitis or typhoid fever could be fired under the bill. No amendment is needed. This is in the bill.

But the Chapman amendment expands allowable discrimination to include people who do not represent a risk.

-- The amendment affects all food handlers with a disease, regardless of whether the disease is transmitted by food.

-- Thus, a food handler who has a disease that is lli2.t spread by food handling can be discriminated against, even though they pose no risk to others. This would include such people with such diseases as:

-- Lyme Disease (spread by ticks),
-- AIDS (spread by sexual contact or blood),
-- Toxic Shock Syndrome (the organism for which is communicable, although it does not result in disease without many other conditions), or even
-- cervical cancer (which is associated with a virus spread by sexual contact).

Moreover, the Chapman amendment does not establish any medical standards-leaving restaurant owners and restaurant workers to litigate the issue.

-- The words "communicable disease" and "of public health significance" are not defined.
-- Without standards, each restaurant owner and each restaurant worker will have to decide what discrimination is allowed. (For example, it is not at all clear that AIDS is "of public health significance" in a food-handling establishment, since it is not transmitted by food.)

[Page 3]

The Chapman amendment to the Americans with Disabilities Act -- allowing employers to deny jobs with food-handling duties to persons with "communicable diseases" – serves no legitimate purpose and should be defeated.

The amendment is not needed to deal with food-borne diseases. The Americans with Disabilities Act does not cover persons who "pose a direct threat to the health or safety of other individuals." This is sufficient to ensure that a person with a food-borne or air-borne illness such as hepatitis or tuberculosis -- will not be employed in a food-handling job.

Many communicable diseases, however, are not food-borne or air-borne. There is no need or justification to exclude people with these diseases from food-handling jobs, but the Chapman amendment would allow this discrimination.

HIV, the virus that causes AIDS, is not food-borne or air-borne. Extensive studies prove that it is not transmitted by food, handshakes, coughing, sneezing, or other daily contact. The Centers for Disease Control recommend that persons with HIV infection not be restricted in food-handling duties.

Employers in the food industry recognize that there is no danger of HIV transmission but argue that public misperceptions could cost them business and therefore they need to discriminate.

Public ignorance has never before been considered a valid excuse for discrimination. What -if the public would not patronize a racially integrated restaurant?

President Bush has spoken out strongly against discrimination against people with HIV infection. On March 29, 1990, he said that "There is only one way to deal with an individual who is sick. With dignity, compassion. and without discrimination."

President Bush has spoken out strongly against discrimination against people with HIV infection. On March 29, 1990, he said that "There is only one way to deal with an individual who is sick. With dignity, compassion. and without discrimination."

Even if no employee suffered economic harm as a result of this discrimination, the Chapman amendment would still send a false and dangerous message that would undermine the efforts of our public health officials to calm unnecessary public fears about AIDS transmission.

As President Bush said, "Every American must learn what AIDS is -- and what AIDS is not… You can't get it from food or drink... While the ignorant may discriminate against AIDS, AIDS won't discriminate among the ignorant."

[Page 4]

[Logo of Secretary of Health and Human Services]

THE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C. 20201

The Honorable Thomas S. Foley
Speaker of the House of Representatives
Washington D.C. 20515

[Stamp of May 1, 1990]

Dear Mr. Speaker:

As the House of Representatives is preparing to take legislative action on the Americans with Disabilities Act (the Act), I wish to restate my position on the need fer anti-discrimination protection for people with AIDS and HIV infection. There is strong evidence that blood-borne infections such as HIV infection are not spread by casual contact, and there is no medical reason for singling out individuals with AIDS or HIV infection for differential treatment under the Act.

While some have proposed that workers who handle food be treated differently under the Act, evidence indicates that bloodborne and sexually-transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages. rood services workers infected with HIV need not be restricted from work unless they have other infections or illnesses for which any food service worker should be restricted. Since the Act limits coverage for persons who pose a direct threat to others, relaxing the anti-discrimination protection for food service workers is not needed or justified in terms of the protection of the public health.

Further, I would add that any policy based on fears and misconceptions about HIV will only complicate and confuse disease control efforts without adding any protection to the public health. We need to defeat discrimination rather than to submit to it. The Administration is strongly committed to ensuring that all Americans with Disabilities, including HIV infection, are protected from discrimination, and believes that the Americans with Disabilities Act should furnish that protection.

The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration’s program.

Sincerely,

[Louis W. Sullivan signature]

Louis W. Sullivan, M.D.
Secretary

[Page 5]

[Logo of Department of Health and Human Service]

DEPARTMENT OF HEALTH AND HUMAN SERVICE
Public Health Service

Centers for Disease Control
Atlanta, Georgia 30333

[Stamp of May 7, 1990]

The Honorable Henry A. Waxman
House of Representatives
Washington, D.C. 20515

Dear Mr. Waxman:
Thank you for your letter concerning the transmissibility of human immunodeficiency virus (HIV) in the workplace.

National and international epidemiologic studies have consistently shown that HIV has three main routes of transmission: sexual contact with an infected person, exposure to blood or blood products primarily through needle sharing among intravenous drug users, and perinatal transmission from an infected woman to her fetus or infant. None of the reported cases of acquired immunodeficiency syndrome (AIDS) in the United States are known or suspected to have been attributable to HIV transmission via casual contact in the workplace.

All epidemiologic and laboratory evidence indicates that bloodline and sexual-transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages, and no instances of HIV transmission have been documented in this setting. In studies of households where over 400 family members lived with and/or cared for persons with HIV infection and AIDS, no instances of casual transmission have been reported, despite the sharing of kitchen and bathroom facilities, meals, and eating and drinking utensils. If HIV is not transmitted in these settings, where exposures are repeated, prolonged, and involve contact with the body secretions of infected persona, often when HIV infection was unrecognized for months or years, it would be even less likely to occur in other social or workplace settings, The pattern of cause would be much different from what is observed if casual contact resulted in HIV transmission.

The Public Health Service recommends that all food-service workers follow recommended standards and practices of good personal hygiene and food sanitation and avoid injury to the hands when preparing food. Should such an injury occur, workers are advised to discard any food

[Page 6]

Page 2- The Honorable Henry A. Waxman

Contaminated with blood. Food-service workers known to be infected with HIV need not to be restricted from work unless they have evidence of other infection or illnesses for which any food-service worker should also be restricted.

I am enclosing a copy of the Morbidity and Morality Weekly Report (MMWR) of November 15, 1985, that gives recommendations for preventing transmission of HIV in the workplace. Guidelines for food-service workers are on page 7 of the report.

Thank you for the opportunity to provide you with information concerning this public health issue. A similar letter is being sent to Representative Don Edwards.

Sincerely,

[William L. Roper signature]

William L. Roper, M.D., M.P.H.
Director

Enclosure

[Page 7]

[Logo of US eagle]

NATIONAL COMMISSION ON ACQUIRED IMMUNE DEFICENCY SYNDROME
1739 K Street, N.W., Suite 815
Washinton, D.C. 20006
(202) 254-5125 [FAX] 254-3060
CHAIRMAN
June E. Osborn, M.D.

MEMBERS
Diane Ahrens
Scott Allen
Hon. Dick Cheney
Harlon L. Salton. Esq.
Hon. Edward J. Derwinski
Eunice Diaz, M.S., M.P.H.
Donald S. Goldman. Esq.
Don C. DeJarlais. PhD.
Larry Kessler
Charles Konigsberg. M.D., M.P.H.
Belinda Mason
Davod E. Rodgers. M.D.
Hon. J. Roy Rowland. M.D.
Hon. Louis W. Sullivan. M.D.

EXECUTIVE DIRECTOR
Maureen Byrnes

May 24, 1990

The Honorable Edward M. Kennedy
The Honorable Orrin G. Hatch
Committee on Labor & Human Resources
U.S. Senate
Washington, DC 20510

Dear Senators Kennedy and Hatch:

We are writing to underscore our support for the Americans with Disabilities Act and to reiterate our concern about any amendment reducing its scope of coverage for persons with HIV infection. As you may recall, the National Commission on AIDS issued a statement to that effect at the outset of its work in September, 1989, a copy of which is attached.

As Secretary of HHS, Dr. Louis Sullivan has stated, “Any policy based on fears and misconception about HIV will only complicate and confuse disease control efforts without adding any protection to the public health.” The amendment concerning food-handlers narrowly adopted by the House only reinforces unwarranted fear and perpetuates the discrimination that the ADA is designed to end. All evidence indicates that bloodborne and sexually transmitted diseases such as HIV are not transmitted through food-handling processes. Simply put, this amendment is bad public health policy,

We hope that the conference deliberations can yield a bill that fully protects persons with HIV infection from fear and discrimination, without exception.

Sincerely,

[June E. Osborn signature]
June E. Osborn, M.D.
Chairman

[David E. Rodgers signature]
David E. Rodgers, M.D.
Vice-Chairman

/Enclosure

[page 8]

[AMA logo]
AMERICAN MEDICAL ASSOCIATION
535 NORTH DEABORN STREET | CHICAGO, ILLINOIS 60610| PHONE (312) 645-5000| TWX 910-221-0300

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

May 24, 1990

The Honorable Edward M. Kennedy
Chairman
Committee on Labor and Human Resources
United States Senate
Washington, DC 20510

RE: The Americans with Disabilities Act

Dear Mr. Chairman:

You have requested the American Medical Association’s views on the House amended version of the Americans with Disabilities Act (ADA) with regard to the provision involving food handlers. As we understand the provision, 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 of 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 infections diseases.

Sincerely,

[James S. Todd signature]

James S. Todd, MD

JST/ptb

[Page 9]

May 16, 1990

Dear Conferee:

We the undersigned representatives of governing bodies within our respective faith groups, urge you to support and pass the Americans with Disabilities Act (ADA). We oppose any amendments which will serve to weaken the present bill. We especially urge you to oppose the “food handler” amendment that will be offered by Representative Jim Chapman.

This amendment fosters the same type of irrational discrimination that the ADA is intended to eliminate. There is no medical reason to bar people with the HIV disease from working as food handlers. All research concludes that the virus cannot be spread through food, handshakes, coughing, sneezing or other daily casual contact. Recently, Dr. William Roper, Director of the Centers for Disease Control, wrote a letter which states clearly that people with AIDS do not pose a risk to others by handling food. The proposed amendment would undermine the education efforts of the federal government and our various faith groups, which are trying to educate the public about how AIDS is contracted and how it is not.

The amendment will have a disproportionate impact on poor and racial/ ethnic minority workers who rely on employment in food service sector to care for themselves and their families. Adoption of this amendment will increase dependency upon federal income support payments and significantly decrease the opportunity for individuals to live independent lives.

The proposed amendment is also directly contrary to the stated position of President Bush. Our President has publicly stated, on more than one occasion, that all people with AIDS should be covered by ADA. Exceptions due to public ignorance are not countenanced by President Bush.

ADA already contains specific language that any worker who poses a direct threat (now defined as significant risk) to others is excluded from coverage in the employment section of the bill. We, as people of faith, cannot endorse discrimination ADA is designed to eliminate. It responds to public misperception and fear by legitimizing that fear through explicit accommodation in the law.

Thank you for considering our views.

Sincerely,

Rev. Ken South
Washington Representative
AIDS National Interfaith Network

Carol B. Franklin
American Baptist Churches, USA

Judith Golub
Legislative Director
American Jewish Committee

[Page 10]

Mark J. Pelavin
Washington Representative
American Jewish Congress

Melva B. Jumerson
Acting Director
Church of the Brethren, Washington Office

Sally Timmel
Director, Washington Office
Church Women United

Dr. Kay Dowhower
Director, Lutheran Office for Governmental Affairs
Evangelical Lutheran Church in America

Joe Volk
Executive Secretary
Friends Committee on National Legislation

Joseph R. Hacala, S.J.
Jesuit Social Ministries
National Office

Delton Franz
Director
Mennonite Central Committee, Washington Office

Mary Anderson Cooper
Acting Director, Washington Office
National Council of Churches

Joan Bronk
National President
National Council of Jewish Women

Rev. Elenora Giddings Ivory
Director, Washington Office
Presbyterian Church (USA)

Jane Hull Harvey
Director, Department of Human Welfare,
General Board of Church & Society,
The United Methodist Church

Joyce V. Hamlin
Women’s Division,
General Board of Global Ministries,
The United Methodist Church

Rev. Jay Lintner
Director, Office for Church in Society
United Church of Christ

Father Robert J. Brooks
Washington Office of the Episcopal Church

[Page 11]

UFCW
Wille L. Baker, Jr.
International Vice President
Director, Public Affairs Department

VIA FAX
May 24, 1990

The Honorable Edward M. Kennedy
Chairman, Senate Labor and Human
Resources Committee
United States Senate
Washington, D.C. 20510

Dear Mr. Chairman:

On behalf of the 1.3 million members of the United Food ad Commercial Workers International Union, U strongly urge you to reject the Chapman “food handler” amendment included in the House-passed version of the Americans With Disabilities Act during Conference deliberations by the House And Senate. This amendment, which was accepted by the House by May 17, 1990 by just 12 votes, would reinforce the very kind of irrational discrimination that the ADA is designed to eliminate; and it should be rejected.

The UFCW and its local unions have collective bargaining agreements with employers throughout the food industry, including retail sales, meat packing, poultry, fish processing, and other food processing. The vase majority of our members work in the food industry; therefore, this amendment strikes at heart of our members’ economic concerns.

While this Chapman amendment purports to provide alternate employment to employees to protect them from “economic damage,” it is so badly overdrawn that a meat packer with Lyme disease could be barred for life from handling food. Significantly, the amendment does not specify that such “infectious or communicable disease” be food or airborne. Moreover, when cast against the “undue hardship” standard already of the employer simply declares that reassignment to an non-food handling job is “an action requiring significant difficulty or expenses” as provided in the bill.

Almost, most employers in the industry have a small number of jobs that so no involve food handling. In any event, many employees who work in such position will not be qualified for alternate work.

Even if no employees suffer economic harm as a result of this discrimination, the Chapman amendment would still send a false and dangerous message that would undermine the efforts of our public health officials to calm unnecessary public fears about AIDS transmission.

William H. Wynn
International
President

Jerry Menapace
International
Secretary- Treasury

Public Affairs Department
Direct Line
(202) 466-1560

United Food & Commercial Workers
International Union, AFL-CIO & CLC
1775 K Street, N.W.
Washington, D.C. 20006
(202) 223-3111 FAX (202)466-1562

The Honorable Edward H. Kennedy

May 24, 1990

-2-

According to U.S. Department of Health and Human Services Secretary, Louis W. Sullivan, M.D., “Food service workers infected with HIV need not restricted from work unless they have other infections or illnesses for which any food service worker should be restricted. Since the Act limits coverage for persons who pose a direct threat to others, relaxing the antidiscrimination protection for food service workers is not needed or justified in terms of the protection of the public health,”

As President Bush has said “Every American must learn what AIDS is – and what AIDS is not… You can’t get it from food and drink…”

Therefore, we strongly urge you to oppose discrimination and AIDS hysteria by rejecting the Chapman “food handler” amendment during the Americans with Disabilities Act Conference deliberations.

Sincerely,

[Willie L. Baker Jr. signature]

International Vice President
Director, Public Affairs Department

05.24.90 11:14 AM P03

[Page 13]

[AFSCME logo]

AFSCME
American Federation of State, County and Municipal Employees, AFL-CIO
1625 L. Street, N.W. Washington, D.C. 20036
Telephone (202) 429-1000
Telex 89-2376
Facsimile (202) 429-1293
TDD (202) 659-0446

Gerald W. McEnree
President

William Lucy
Secretary Treasurer

Vice Presidents
Ronald C. Alexander
Columbia, Ohio

Dominic J. Cadolta
New Britian, Conn.

Joseph Bolt
Richmond, Ind.

Joseph M. Bonavita
Boston, Mass.

George Boncoraglio New York, N.Y.

Robert A. Brindza
Columbus, Ohio

Stephen M. Culen
Chicago, Ill.

Albert A. Diop
New York, N.Y.

Danny Donoghue
Albany, N.Y.

Anthony M. Gingello
Rochester, N.Y.

James Glass
Lansing, Mich.

Stanley W. Hill
New York, N.Y.

Blondie P. Jordan
Orlando, Fld.

Edward J. Keller
Harrisburg, Pa.

Joseph J. Kreuser
Menomonee Falls, Wisc.

Faye D. Krone
Kasota, Minn.

Marilyn LeClaire
Columbiaville, Mich.

Joseph E. McDermott
Albany, N.Y.

Donald G. McKee
Des Moines, Iowa

Jack Merkel
Trenton, N.J.

Gary Moore
Olympia, Wash.

Henry Micholas
Philadelphia, Pa.

Russell K. Okata
Honolulu, Hawaii

George E. Popyack
Belmont, Calif.

Thomas A. Rapanotti
Baltimore, Md.

Joseph P. Rugola
Columbus, Ohio

Kathy J. Sackman
Pomona, Calif.

Burhman D. Smith
Philadelphia, Pa.

Linda Chavez-Thompson
San Antino, Tex.

Garland W. Webb
Baton Rouge, La.

The Honorable Edward M. Kennedy, Chairman
Committee on Labor and Human Resources
United States Senate
315 Russell Senate Office Building
Washington, D.C. 20510

Dear Mr. Chairman:

The American Federation of State, Country, and Municipal Employees (AFSCME) urges to oppose in conference an amendment which was added to H.R. 2273, the Americans with Disabilities Act, which would allow employers to deny jobs with food-handling duties to persons with “communicable diseases.”

This provision in the House bill has no legitimate purpose and would only serve to weaken this important legislation. It is not needed to deal with the issue of food-borne disease as the legislation does not cover persons who “pose a direct threat to the health or safety of other individuals,” this standard is sufficient to ensure that a person with a food-borne or air-borne disease will not be employed in a food-handling job.

This provision would serve to reinforce the very kind of irrational discrimination that this legislation is designed to eliminate, and it should be defeated.

Sincerely,

[Jerry D. Klepner signature]

Jerry D. Klepner
Director of Legislation

JDK: log

In the public service

05.24.90 04:48 PM P02

[Page 14]

UFCW

Norman L. Heard
International Vice President
Director, Manufacturing and Processing Division

May 24, 1990

Senator Edward M. Kennedy
Chairman, Senate Labor & Human
Resources Committee
U.S. Senate
Washington, D.C. 20510

Dear Senator Kennedy:

I am writing to you on behalf of unionized workers in the food manufacturing industry who may be affected by the “food handler” (Chapman) amendment to the Americans with Disabilities Act. Our union, the UFCW, is the largest union in the food manufacturing industry. We represent several hundred thousand workers employed there.

As you know, this amendment supposedly protects employment opportunity for food handlers by providing that employers “shall make reasonable accommodations that would offer an alternative employment opportunity for which the employee is qualified,” Practically speaking, I can tell you that there are very few “alternative” jobs in food manufacturing. Those jobs that do not directly involve food handling are maintenance (mechanical) jobs and sanitation jobs. Almost all food handlers would not be require special skills and training. As you know most food plants must also meet health and sanitation standards. There are special sanitation crews who do this work. It involves cleaning the production process. An employer who consider an employee to be a risk as a food handler, would certainly not assign that person to work cleaning equipment.

In short, there are few “alternative” jobs for workers who may be considered a risk under this amendment. In my opinion, this amendment does not add to the public health and safety protections that are now enforced through local, state and federal agencies. It may, however, adversely affect the employment opportunities of food workers. For these reasons, I would respectfully request that you oppose this amendment.

Sincerely yours,

[Norman L. Heard signature]

Norman L. Heard
International Vice President
Director, Manufacturing and
Process Division

[Page 15]

UFCW

Phillip L. Immesole
International Vice President
Direct, Packinghouse Division

VIA FAX

May 24, 1990

The Honorable Edward M. Kennedy
Chairman, Senate Labor & Human
Resources Committee
U.S. Senate
Washington, D.C. 20510

Dear Senator Kennedy:

I would like to take this opportunity, as Director of the Packinghouse Division for the 1.3-million-member United Food and Commercial Workers International Union, to comment upon the language relative to food handlers that is currently in the House-passed version of the Americans with Disabilities Act.

It should be understood that little, if any, “reasonable accommodation” (as provided for in the House-backed bill) is likely to be made for employees working in food packing and processing. In this regard, it bears nothing that there are two areas where employees would not handle food product; these are maintenance and clerical. The former is a highly skilled area that is subject to placement by seniority. Insofar as clerical positions are concerned, most packinghouse workers would lack the skills necessary to perform these kinds of duties in a plant. Also, the high incidence of cumulative trauma disorder (such as tendonitis and carpal tunnel syndrome) in the packinghouse area means, as a matter of practice, that any “light-duty” jobs (such as clerical) are already being filled by employees with this disability. Thus, these two options (i.e. maintenance and clerical) are virtually non existent for the average plant worker.

Therefore, I would urge you to oppose inclusion of the “food handler” language in the final version of the Americans With Disabilities Act.

Sincerely,

[Philip L. Immesole signature]
International Vice President
Director, [cut out]

[Page 16]

Ronald Regan
‘We Owe It to Ryan’

We owe it to Ryan to make sure that the fear and ignorance that chased him from home and his school will be eliminated. We owe it to Ryan to open our hearts and our minds to those with AIDS. We owe it to Ryan to be compassionate, caring and tolerant towards those with AIDS, their families and friends. It’s the disease that’s frightening, not the people who have it.

Ryan would probably be embarrassed by all the fuss we are making over him. He did not want to be anyone special. He just wanted to go to school, play with his friends and grow up like every other kid in the neighborhood. But it was not to be.

[Image of a child]

[Page 17]

THE BOSTON GLOBE FRIDAY, MAY 25,1990

The Boston Globe
Founded 1872

WILLIAM O. TAYLOR, Chairman of the Board and Publisher
JOHN P. GIUGGIO, Vice Chairman
JOHN S. DRISCOLL, Editor
RICHARD C. OCKERBLOOM, President
BENJAMIN B. TAYLOR, Executive Editor
MARTIN F. NOLAN, Editor, Editorial Page

DAVID STANGER, Executive VP & General Manager
ARTHUR KINGSBURY, VP & Treasurer
JOHN F. REID JR., VP Advertising
FRANK E. GRUNDSTROM JR., VP Human Resources
STEPHEN E. TAYLOR. Business Manager
GREGORY L. THORNTON, VP Employee Relations
THOMAS F. MULVOY JR .. Managing Editor/ Daily
ALFRED S. LARKIN JR.. Managing Editor/ Administration
HELEN W. DONOVAN, Managing Editor/ Sunday
KIRK SCHARFENBERG. Deputy Managing Editor
H.D.S. GREENWAY. Associate Editor
LORETTA McLAUGHLIN, Deputy Editor. Editorial Page

Publishers
CHARLES H. TAYLOR, 1873-1922
President
JOHN I. TAYLOR, 1969-1975
WILLIAM O. TAYLOR, 1922-1955
Editor
L.L. WINSHIP. 1955-1965

WM. DAVIS TAYLOR. 1955-1977
Editor
THOMAS WINSHIP, 1965-1988

Dismantling the barriers

Easing the way for disabled people to work, get where they want to go and be protected from discrimination on the job is a major social advance. The strong support of Congress for legislation that sweeps away most of the impediments that has blocked their way is a tremendous boon for the nation’s 43 million disabled individuals.

The only flaw in the Americans with Disabilities Act is an unnecessary ban restricting anyone infected with the AIDS virus form working as a food handler. This restriction should be deleted during conference negotiations, since Health and Human Services secretary Louis W. Sullivan has reaffirmed that AIDS is not spread that way.

The act truly is landmark legislation. It extends full civil rights to the disabled, including persons with AIDS, and alcoholics or drug abusers who have undergone treatment.

It compares with the 1964 Civil Rights Act that outlawed discrimination based on sex, religion, color, race or national origin in public accommodations, private employment and government services. Through the 1973 Rehabilitation Act barred companies and agencies that receive federal funds from discriminating against people with disabilities, the new extends protections across public and private jobs, irrespective of federal funds.

The bill is sensible, giving employers two years to make reasonable adjustments for disabled workers – unless such changes are an undue hardship. Buses, trains and subway cars would have to be accessible to wheelchairs. Telephone companies would have to accommodate hearing- or speech-impaired callers within three years.

Structural impediments have not only kept qualified people our of the workplace but also have shut them out of many mainstream activities. Dismantling these barriers opens the way to self-reliance as well as mobility and job security.

Enabling millions of disabled people to work will more than repay the cost of making such accommodations. The benefits are overriding.

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Basic Facts about AIDS
For Foodservice Employees

Prepared as a member service for foodservice employees by the National Restaurant Association

You cannot contract AIDS through causal, social contract.
-You cannot catch AIDS through touching people.
-You cannot catch AIDS through sharing bathroom facilities
-You cannot catch AIDS though breathing air in which people have sneezed or coughed.
-You cannot catch AIDS through sharing food, beverages, or eating utensils.

AIDS is not an airborne, waterborne or foodborne disease. It cannot be transmitted through the air, water, or food. The only medically documented manner in which AIDS can be contracted is by sexual contact, by shared needles (usually associated with drug addiction), by infusion of contaminated blood, or through the placenta from mother to fetus.

This means that, in regards to AIDS, foodservice operations are safe places in which to work and dine.

In regard to the general workplace, these fears are unfounded. They are particularly unfounded. They are particularly unfounded in regard to foodservice operations. AIDS is not passed though the daily routines that occur in restaurants. You cannot catch the disease by working with someone who has AIDS or by eating food prepared by someone who has AIDS.
Nor is anyone at risk from eating food prepared by a person who may have AIDS. The AIDS virus is not transmitted through food or drink.

NATIONAL RESTAURANT ASSOCIATION
1200 Seventeenth Street, N.W.
Washington, DC 20036
202/331-5900

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From National Restaurant Association White Paper on AIDS

“For the past 11 years, the National Restaurant Association has promoted a program to encourage the industry to look at the benefit of employing persons with disabilities. The program, on the one hand, aims to provide employers with willing and qualified workers to fill plentiful jobs in this era of relatively low unemployment rates. The program, on the other hand, gives a fair chance to people with physical or mental disabilities to fill jobs they are qualified for and to find in work a basis for greater independence and an incentive to sense their human dignity.”

“Though it was determined early that AIDS is found in body fluids; there has been no evidence that it is spread by casual contact such as a handshake, a kiss, or that it is spread through air, food or water (emphasis theirs)."

"Workers, including those in the foodservice industry, should not be restricted from work or the use of facilities and equipment solely on the basis of a diagnosis of an AIDS infection."

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"Panic is driven by fear which, when unwarranted, usually stems from a lack of knowledge. At present, the public is receiving a steady flow of reliable information about AIDS from responsible sources … These circumstances can generate irrational fears, which can lead to panic unless people are reminded of the facts. Put simply, the facts are:
"AIDS cannot be spread in the air, in food or beverages or in casual contacts such as shaking hands and kissing."

"Because AIDS -is not a foodborne disease or passed. through casual contact, CDC has not recommended any special practices be adopted by foodhandlers. 1.nstead COC recommends that normal hygiene practices. should be followed as usual."

"The facts about AIDS presented here are based on the best judgment of the medical experts -- people who have been studying this illness since it was identified. Such informed opinion has to take precedence over contrary views put forth by the ignorant or fearful."

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"Today I call on the House of Representatives to get on with the job of passing a law -- as embodied in the Americans with Disabilities Act -- that prohibits discrimination against those with HIV and AIDS. We're in a fight against a disease -- not a fight against people. And we won't tolerate discrimination.”
-- President George Bush,
March 29, 1990

"We owe it to Ryan (White) to be compassionate, caring and tolerant toward those with AIDS, their families and friends. It's the disease that's frightening, not the people who have it."
-- Ronald Regan
April 11, 1990

"All epidemiologic and laboratory evidence indicates that bloodborne and sexually- transmitted infections such as HIV are not transmitted during the preparation or serving of food or beverages, and no instances of HIV transmission have been documented in this setting."
-- Dr. William Roper, Director,
Centers for Disease Control

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