Saint Louis, MO asked in Employment Law and Employment Discrimination for New York

Q: Can you be denied employment due to positive TB test?

Previously had been diagnosed and treated for LTBI (Latent TB infection) and informed HR/Manager of my previous history as a negative TB test is required for employment. Due to LTBI I will never have a negative test. Now the employer is revoking the job offer.

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: Call 518-474-7000 the New York State Deprtment of Health. It oversees TB testing and treatment regimens. If you work in one of the many industries where it is necessary to prove that you are not infectious you may have to show a particular treatment regimen. Once you comply with whatever New York State defines as necessary for your particular situation and present those "marked confidential" medical records to your employer if the employer refuses to hire you then you have a potential regarded as disabled claim which you may timely file (no later than 1 year from the date you were denied a job) with the New York State Division of Human Rights.

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