Do I have any legal recourse?
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Do I have any legal recourse?
I’ve worked at my job for 12 years. I’ve got a physical every year. I have Hep C and my job has known about it for 10 years. After my physical this year they
said I’m laid off until I get my doctor to fill out a note saying stuff like I’m not a
threat to my clinets. And special precautions I should take durning work. I’m already missing 2 days of work because my doctors office is closed. I was just wondering if there is anything I could do legally about this? I’m feeling harassed because this is not the first time something like this has happened.
Asked on February 23, 2016 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The issue is whether Hep C does realistically pose some threat, even a small one, to clients or coworkers. (I don't know enough about the disease to comment.) If it does, then they may legitimately require this, even if the previously knew about the disease but did not require this prieviously: a lack of prior acton does not bar an employer from taking reasonable action now for the safety of clients or coworkers, and their obligation to accommodate those with medical conditions does not require them to expose other people to risk.
On the other hand, if there is no medical basis for concern, then this may be illegal discrimination or harassment and you may have a cause of action. If you believe this to be the case, either contact the federal EEOC or your state's equal/civil rights agency, or else speak with an employment law attorney about possibly filing a lawsuit.
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