Can something be done about the disclosure of my medical condition by a prospective co-worker?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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