Can something be done about the disclosure of my medical condition by a prospective co-worker?

UPDATED: Sep 30, 2022

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Can something be done about the disclosure of my medical condition by a prospective co-worker?

I was called for a job interview to be a dishwasher. I did the interview and was told to come in the next day to fill out paperwork basically saying I got the job. There is a girl that I personally know that works there. Well, I have Hep C and the girl knew about it. The next day I came in to

fill out paperwork but instead I got called into this room where about 5 people were sitting, mainly all the bosses, and the people who hire employees. I was then asked if I had Hep C in front of all these people; I was basically put on the spot so of course I couldn’t lie. I told them I did and the basically told me they were going to talk to the health department and their lawyers to see if it was okay if I worked before hiring me. I later found out that the girl that I knew was the one that told about my Hep C. Can something be done about this? I mean they basically singled me out and stopped the hiring process until further notice. They told me that they would call me in a couple days to let me know what was going on, however now I’m not sure if I will take the job if they call because I was put on the spot and felt horrible about myself.

Asked on June 27, 2016 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you describe, there is nothing you can do.
1) Your medical condition known to another person is not legally confidential in regards to that person: if person A knows about person B's medical condition, A can tell anyone she wants, unless she signed a confidentiality agreement or became aware of the condition in a privileged way (like working in B's doctor's office).
2) An employer may refuse to hire an employee whose medical condition posses health risks, business risks (e.g. customers stopping going there), or a risk lf being sued to the employer...and employing a dishwasher with Hep C does pose those risks.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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