Discrimination Against an Employee With Hepatitis C
If a restaurant worker has Hepatitis C, can the employer suspend the employee from work? If they deny having Hepatitis C, can the employer require that they provide a doctor's letter confirming that they are not infected before they can return to work?
Re: Discrimination Against an Employee With Hepatitis C
Unlike Hepatitis A, Hepatitis C is not transmitted without blood-to-blood contact, meaning that it should not automatically disqualify somebody from food service employment. However, for protection under the ADA, a Hep C infection may not rise to the level of a disability, such that they benefit from ADA protections -- although an infected person may fall under the regarded as disabled provisions, even if not otherwise meeting the criteria of having an ADA disability. The employee should discuss the employer's actions with a plaintiff-side lawyer in the state in which this occurred, to see what job protections may exist under the facts and whether any additional protections exist under state law.
However, if the employee lied and said that they did not have Hepatitis C, the employer may fire the employee for making that false statement. To the extent that the employee might have a claim against the employer, the lie could cut off the employee's ability to recover for any lost income past the date the lie was made to the employer.
Re: Discrimination Against an Employee With Hepatitis C
According to the CDC...
Should a person infected with the Hepatitis C virus be restricted from working in certain jobs or settings?
CDC's recommendations for prevention and control of the Hepatitis C virus infection state that people should not be excluded from work, school, play, child care, or other settings because they have Hepatitis C. There is no evidence that people can get Hepatitis C from food handlers, teachers, or other service providers without blood-to-blood contact.