Legal Question in Employment Law in New Jersey

Re: employment practices

It depends on all the circumstances. Many diseases are communicable without being contageous through casual contact. Some work situations present more of a risk than others. I'll leave the examples to you.

Generally, an employer has not only a right but also a duty to provide a workplace which is reasonably safe. On the other hand, some diseases are considered to be disabilities and raise the spectre of the ADA and other protective statutes.

The best policy is to make such decisions on the basis of medical as well as legal advice and the needs of the workplace. Be suspicious of situations where the real situation is that co-workers might be uncomfortable around a colleague with a disease such as AIDS or herpes; rarely do they form the basis for legitimate job actions.

If you have a company physician, ask for an opinion. If not, consider asking the affected worker for permission to speak with his/her personal physician in confidence. You are certainly within your rights to require an employee to obtain a physician's certification that they are fit for work.

See also: http://info.corbettlaw.net/lawguru.htm