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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19176
Experience:  Employment/Labor Law Litigation
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My husband was sent home from his job because they learned

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My husband was sent home from his job because they learned he hss hepatitis c. They want him to see their doctors in order to prove he is not contagious. He has been to many doctors, and has been through many tests. His Dr. said there is no reason he cannot work. My question is...Why can't he bring a letter ftom his own dr.stating it is fine and this is not a "workplace contagious" job? And...Is this discrimination based on health? Afterall, if he had AIDS, or was HIV positive, they would probably hsndle this differently? He has to go to their Doctors this afternoon. Does he have to go?
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

The employer does have the right to request some medical information that he is not contagious and without evidence that he was, sending him home was inappropriate but wouldn't rise to the level of outright discrimination unless they persisted in not allowing him to return with information from his medical doctor noting that he was not contagious. The employer would have more room for waiting for their own doctor's statement if they were paying for his time off on their own dime....a sort of paid suspension while they confirmed with their own medical staff.

So, your husband should have something sent to them from his own doctor stating that he can return to work, as soon as possible. That would push the issue onto them. He could then file an EEOC complaint, alleging disability discrimination, if the employer doesn't allow his return.
Customer: replied 3 years ago.

Thank-you. they are sending him this afternoon to their doctor. They said they are paying him for today. My question is can he bring his own doctor's release without having to see the work dr.?

No. It's not legally unreasonable for the employer to want their own doctor's statement. They do have a responsibility to their other employees, under the law. He can certainly bring his own doctor's release, so that their doctor will know that any decision to say that he isn't able to work is already contradicted by another expert.

What would become unreasonable is them refusing to allow him to return for days, because they didn't really set up an appointment with their doctor and then not paying him for the day.

It sounds like the employer is at least trying to do the right thing here. That's actually exactly how they would treat an HIV/AIDS situation, legally.
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