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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113544
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a question regarding working in Qatar with chronic

Customer Question

Hi
JA: Hello. How can we help?
Customer: I have a question regarding working in Qatar with chronic hepatitis b
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: is there any fee for the service?
Submitted: 1 month ago.
Category: Legal
Expert:  Expert_James replied 1 month ago.
Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me a few minutes to review your question and prepare a response.
Customer: replied 1 month ago.
Let me know if you need more precision on my question
Customer: replied 1 month ago.
I couldnt get the chance to specify that it was for a Flight deck position. As pers my knowledge the law vary depending on the category of work but I can find any details regarding pilot.
Expert:  Expert_James replied 1 month ago.
This is the US immigration section, not Qatar. Therefore I have to transfer this question to a different category. Please be patient and do not respond until another Expert engages the question, as it will only delay the transfer.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a different contributor.
What is your question about employment in Qatar? You want to know if an employer can refuse to hire you because of the chronic Hep B?
Customer: replied 1 month ago.
Precisely and for the position of flight deck crew. As per my knowledge the change the law with different category of work ( like in the UAE) for which it is or not applicable.
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

Qatar has a law prohibiting employers from discriminating against an employee for a disability. However, if the employer can prove that there is some bona fide job requirement or that the employee could pose a danger or hazard at the workplace they could deny employment legally. If you have a condition that can be contagious when active, which Hep b can be, and you could possibly infect those you are working with in a flight deck situation, then they could legitimately deny you employment based on the safety concern in the workplace. So, if the employer shows the hazard to someone having chronic Hep B in the workplace such as a flight deck, since that is a closed air system and it can be transmitted by saliva, coughing etc, they can legally refuse to hire you for that safety reason.

It is up to the employer to prove there is an actual hazard of possible infection of others to not be guilty of discrimination based on your disability. If you can prove your condition is not contagious and they still refuse to hire you, then you need to pursue a complaint through the Labour Ministry.

Customer: replied 1 month ago.
The company didn't refuse the employement. Actually it is the governent who refuse to grant a resident permit base on the health comission regulation, wich is not disclosed anywhere. Could you check on the government side rather the employer?
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply and clarification.

I am afraid that if you are seeking a visa into Qatar, they will not issue a visa to anyone with hep B, hep C or even TB. So, this is a health requirement as the government claims the danger of spreading through the country is too great. Actually the Health Commission approved this back in 2015-2016.

Customer: replied 1 month ago.
The answer you are providing me is not correct. If you dont't have any idea and are answering me without any legal refences I will ask for a refund of the service. Reading the supreme council of health of the state of qatar, medical commission executive by law it is stipulated ( chapter 4 atticle 10) that some category of work are allow to work in the country without having hepatitis B disqualifying. Don't mix up TB and hepatitis C. My question is specifically for hepatitis B, I dont need to know how it works for the other issues. My concern is regarding the category of work regarding flight deck precisely wich is not mention in that document. I a not a lawer, that's why I was seeking your service and expertise to dig deeper into the subjet and to give me a valuable answer of my query.
Expert:  Law Educator, Esq. replied 1 month ago.
Actually, the answer I provided you IS CORRECT and I never said that TB and Hep B was the same thing.
The medical commission does not exempt flight deck employment from the Hep B, what they do (see Medical Commission manual at: https://d28d0ipak1ih43.cloudfront.net/app/media/2486) is determine your group first. Based on your test, they group you in Group 1 through Group 12. Depending on the group you fall into, you could 1) be allowed to work, 2) be denied to work, 3) have the decision left to your employer or 4) denied in certain categories, which are food handlers, barbers, beauty specialists, health club workers and public laundry, some medical personnel can also be excluded. They do not exclude flight deck workers in the group where you may or may not be approved. But if you test into a group that has blanket non-approval it does not matter what your job is the rule says no approval.
Customer: replied 1 month ago.
Well I have red that document too. My guess was that since you are a lawyer, you may have more information than me and be able to give me the category of work for flight deck. What can I say, it was a waste of time and money. I didn't get any new information. I'm really disapointed.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
If I knew what group you were classified in, or if you knew what group you were classified in, then it could be determined whether or not you would be rejected. However, as you have not told us what group you were classified in, you are expecting us to guess at it and be right and that is impossible. So you need to be disappointed in yourself for not knowing what group you are in based on your medical testing, not me who does not know you at all and has no clue what group you were classified as.