This is a vague area in the law. On one hand HVC is classified as a disability and no employer can discriminate based on “Americans With Disabilities Act.” of 1991. But in the real world hospitals don’t want to employ people with blood born diseases. I recall a case from a year and a half ago in Denver, CO, where a nurse who was HCV pos intentionally infected patients. The result was a multi million dollar class action suite.
Hospitals in particular don’t want HCV infected people working with patents because of possible liability. This is especially true in a surgical setting. Personally, I wouldn’t disclose the HCV Pos. status unless u know for sure that a pre employment screening will be done.
Here’s what I’d do. Mark No on the questioner. If a they do test act surprised and demand an RNA test. Some people have antibodies and no virus. I hope this is the case for your husband. I would not volunteer the information. Even though a pos status cant disqualify him. They may start looking for other, legal, reasons after finding out. However, if he is fired after they find out u will have grounds for a lawsuit.
Have they ever told him his viral load or his genotype? Without a PCR to determine that he has an actual viral load it would be impossible to tell if he has it or not. he would always carry the antibodies to the disease but without a viral load...he would not have the actual disease.
I'd find that out that is a BIG deal to your question here. For example if it asked me on a test I would say no - I had it, treated it and no longer have it though I still carry the antibodies. 20% of the people who get HCV are lucky enough to have their immune system clear the disease on it's own with no treatment. If he were to be one of them he could honestly answer "no".
He tested positive for the virus back in '09 and had a biopsy done and goes in for routine bloodwork to check his liver,so he most definately has it,but isn't getting treated for it. Sorry for the vague details. :)
In general, I agree with meakea - tell the truth as you know it. But, you mentioned that "he tested positive". What do you mean by that? He tested positive for antibodies or he tested positive for the virus (in a viral load test)? These is a distinction for the purposes of that questionaire. Presence of antibodies is not confirmation of having the disease. Having a detectable viral loal is confrimation. A shade of gray for you to paint.
Being less than truthful on an employment application is, I believe, grounds for dismissal. Best to be honest and just face it head on. There should be no reason that hepatitis would keep him from doing the job he is apply for.