Ramos v. Coastal Mart Inc

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 99-20775
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REFUGIO RAMOS,
Plaintiff-Appellant,
VERSUS
COASTAL MART, INC.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
(H-98-CV-509)
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April 4, 2000
Before REAVLEY, SMITH, and
EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Refugio Ramos, who suffered from HIV,
sued his former employer, Coastal Mart, Inc.
(“Coastal Mart”), under the Americans with
Disabilities Act (“ADA”) and title VII and also
asserted various state causes of action. Ramos
claimed that Coastal Mart subjected him to
different terms and conditions of employment
and adversely segregated him because of his
disability.
The district court properly granted Coastal
Mart’s motion for summary judgment. The
court correctly found that Ramos suffered no
“adverse employment action” as required by
the ADA. The court also explained why
Ramos posed a direct threat to the health or
safety of others in the workplace. The court
noted that Ramos’s history of seizures
exposed him to frequent bleeding, an unusual
situation that posed the threat of exposure to
Ramos’s body fluids on the part of other
employees. The court also established that
Ramos was not the subject of outrageous or
extreme conduct, which is required to establish
intentional infliction of emotional distress.
The judgment is AFFIRMED, essentially
for the reasons given by the district court.
* Pursuant to 5TH CIR. R. 47.5, the court has
determined that this opinion should not be published
and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.

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