is this fair?

[frankieG]

i got suspended from work today because of my hepatitis c.  they will not let me come back until i get a note from my doctor saying i am fit and it is safe.  i am very disappointed but see their point.  what do you guys think? wanted to post a survey but still can't figure out how.  poll questions are

do you think using medical info for employment is proper?

yes
no
under certain circumstances

[MrDan]

How'd they find out?

[frankieG]

i told one of the guys and he told the boss

[bucks1605]

If you don't mind me asking, is it a paid leave of absence?

[MrDan]

First link that popped up ...

http://www.nolo.com/article.cfm/objectId/A91C20F1-DD4F-4406-83AF4B2A83540D19/catID/57153B2E-F39E-48DA-830ADA31F5A23325/104/150/175/QNA/

In part ... "Your hepatitis C may bring you under the protections of the federal Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12101-12213). We say "may" because having a medical condition or physical impairment, even one that is quite serious, does not necessarily mean that you have a "disability" under the ADA. "

[frankieG]

no it is unpaid

[bucks1605]

no it is unpaid

Then it's not fair in my opinion. I'd fight the decision.

[mojonixon]

Correct me if I am wrong but Hep C is a blood borne disease, which leads me to believe that unless someone is exposed to your blood they have no worrys? Is it transferable by sweat or coughing? If not I say grab a good attorney and wake that company up. And you learned a hard lesson today, keep your private life...private. I get along great with all my co workers but some of them let you know every little detail of there lives, wear that close to your chest Frankie.

[frankieG]

well maybe when i get the letter from my doctor all will be fine. then again he may say that working is too stressfull and could lead to relapse of my hep c, cancer or both.   ya just never know.  either way i don't have it in me to push this.  either they accept me the way i am or not.  there are only 5 of us in the store so if i were to force them to take me back it would not be a very good work environment.  i'm too old, too tired, and too sick to get into that type of situation.

[ohgood]

well maybe when i get the letter from my doctor all will be fine. then again he may say that working is too stressfull and could lead to relapse of my hep c, cancer or both.   ya just never know.  either way i don't have it in me to push this.  either they accept me the way i am or not.  there are only 5 of us in the store so if i were to force them to take me back it would not be a very good work environment.  i'm too old, too tired, and too sick to get into that type of situation.

this is the exact reason why everyone with this scenario needs to fight it. when enough people complain, or sue (whichever) things change. hopefully for the better.

my 2 cents

[scottpA_GS]

I agree w/ ohgood.

Kick their ass frankie  This sounds open and shut to me. Take it to the VA and dept of Labor 

If you feel your job was not worth fighting for, fight for those in your same situation 

[spc]

In some instances, it is appropriate.  If you worked in a kitchen, it would be appropriate as you would be at high risk to cut yourself.  Working in an electronics store there is little risk, so I would say the determination is inappropriate.

[frankieG]

i will think about it you guys

[frankieG]

i sent an e-mail to work that my doctor and veterans affairs say that their request is illegal.  and that rather than causing a fuss i would just like to be put back on the schedule.  we shall see where that goes.

[bombadillo]

How the heck did you get that in the first place???  Thats a rough one so, really sorry to hear that.

[yamahonkawazuki]

not sure of canadian law, so i cannot say, HOWEVER sems a bit well unfair, id at least ask tehm to elaborate, ( in wiriting preferably)m btw is the hep c in relation to your cancer treatment?, anyhoo frankie, ill be prayin for ya

[Jay_wolf]

I Agree with Terry , Because u work in a Industry that doesnt really chance Blood Related Contact , why should u not work ,

if u was a Tattooist or something , could understand it , i mean u could get a paper cut , but unless they Rub it in a open Wound .. its not going to do anything

I knew a woman with Hepitis C , i used to see her all the time , *as a friend of course * didnt bother me in the slightest

[frankieG]

well i sweat allot and tire quickly and have 2 doctors appointments a week which is going to be bumped up to everyday.  so they are thinking i am not healthy enough to work.  to be honest the one month i did work 44 hours a week i found it very hard on me.  i came home exhausted, me feet and back killing me.  i had to go to bed right away to be able to get up the next morning for work.  the 12 hour shift was the worse.  i am wondering if bite off more than i can chew.  the fact that my doctor will not just sign a fitness letter but wants to see me tells me he is going to have a problem with me working full time.  now if is can get sony and my doctor to agree on part time then i would be happy with that

[Kasumi]

Slightly off on a tangent but first mentioned was should a company decide whether you work based on your medical history.

Over here in the UK its becoming a VERY REAL possibility and i bet not one of the UK members here knows much about it. All over the UK now they are rolling out what is called  the 'NHS Spine' (nhs= national health service for you 'mericans). The idea behind it is wherever you are in the UK or even abroad all of your medical records will be shared with those of any other doctor or medical proffesional. They will simply go onto the networked computer type in your name and automatically recieve all your medical history without ever needing to request it from your previous practice or the last hospital you visited. It will all be there up to date and instantly accessable without your prior permission as everyone is automatically included and has to choose to opt out of the program. Very few people are informed about the new 'spine and therefore very few people are aware they need to opt out to keep their privacy.

Anyone see the problem with this system? There are already probing ideas of linking to the DVLA and DSA who deal with all the issue and testing for car/truck/bike licensing. They will simply stick your name in and see your entire medical history without your consent, in this saftey concious world people will automatically have their licenses revoked for medical reasons, like they might collapse because they are on a new drug - the dvla would instantly know your on it and could revoke your license. You go to apply for a job and can have your medical history checked so can get turned down for jobs based on stuff they've dug out of your history... looking for a job shelf stacking in tesco?? but you've had an operation on your shoulder in the past - they will know and probably turn you down because they don't want sueing if your hurt your shoulder carrying some heavy boxes. The list is endless and the possible remefactions of the system could ruin many peoples lives. Some doctors who are completely against this system are signing all their patients off it and informing them, others are not saying a word. If it wern't for the fact that the big technology companies who are supply the hardware and support to run this system (IBM, BT, Fujitsu...etc) pulling out due to various reasons, some not wanting to hurt their company image, others because the NHS contracted them for a particular job and are now trying to suck more resources out of them to do other stuff theyre not being paid for, then it would be complete in the not too distant future. 

I urge the UK members to find out about this from their surgeries or do some research, and make sure your not included if you dont want to be.

Obviously there are benefits, if you have a severe condition and are allergic to certain types of drugs and are involved in a car accident and taken to an unfamiliar hospital they can look up your records and see you can't have the drug they were originally going to give you then it could save your life. However you will probably never get a job again or a license for your car or whatever else they link it to. Weigh up the costs and benefits to you based on what they can and can't do.

[blue05twin]

As long as you can do the work, I don't see why they should release you.