It is not discriminatory action und

It is not discriminatory action under North Carolina law to fail to hire, transfer, promote, or to discharge a disabled person because the person has a communicable disease which would disqualify a non-disabled person from similar employment. However, such action may be taken only when it has been determined necessary to prevent the spread of the communicable or infectious disease. There must be documentation or consultation with private physicians and/or public health officials in arriving at the determination. Concern for other employees who may fear working with the infected co-worker must never be the basis for the action, in the absence of a medically documented health hazard to other persons.