If Ihad a friend that was fired because his employer found out he had hepititusC, is that legal or not?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Ihad a friend that was fired because his employer found out he had hepititusC, is that legal or not?
I had a friend who got a job working on a farm. The employer found out he had hepatitis C. He told him he could not continue working for him cause he was worried about the other employees contracting it. Is that legal or does he have a discrimination case or not?
Asked on January 22, 2012 under Employment Labor Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, your friend almost certainly does not have a discrimination case. First, while an employer cannot discriminate against disabled employees, not all illness or conditions are disabilities under the law; to be a disability, it must have a pervasive impact on the ability to do life functions, which hep C would not seem to. Typical examples of disabilities include impaired vision, heart conditions that prevent someone from exerting him- or herself, or muscular or nervous conditions affecting balance, strength, or coordination.
Second, even if hep C were considered a disability for this purpose, an employer is only required to provide "reasonable accomodations," which are adjustments or assistive technology which is not too expensive or disruptive. An employer does not have to employ someone who cannot safely do the job. It is likely unsafe to have someone with hep C working on a farm, in close proximity to raw food, since he/she can pose a risk to many other people--and to the farmer's livilihood, if it gets out that the farm has employees with hep C.
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 AttorneyPages.com 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.