If you have a medical problem, you may not want the world to know about your situation. It can be difficult to disclose that you have a medical problem or a disability, but you often have to do that to your employer so you can get the accommodations that you need to work and be productive. You do have protections by federal laws so you can make sure that you aren’t discriminated against and to make sure that you are treated fairly throughout the process.
When you report your medical conditions and/or disabilities and request accommodations, you should be able to trust the individual that you confide with. When you talk with a supervisor or a manager, you should be able to trust them with your information. That information should stay between you and whoever you choose to share it with, and you should make it clear to whomever you speak with that you don’t want those details spread around.
If the person that you confide in tells co-workers about your situation, it could be considered a violation of the Americans with Disabilities Act (ADA), and that is especially true if it affects your treatment around the workplace and how others treat you. If co-workers bring up your condition and you haven’t mentioned it to them, you should ask who told them and what they said about it.
If your manager or supervisor has divulged confidential medical information to other employees, then you may be able to pursue legal action against them and your employer. If that is the case, maintain thorough evidence and documentation, such as emails, memos, and witness statements.
Can an Employer Disclose Medical Information To Other Employees?
No, an employer can’t disclose your medical information to other employees. Under the ADA, it requires employers to keep such information, such as medical information confidential and separate from general personnel files.
If your employer discloses your medical information to other employees it could be a violation of HIPAA too. If your employer discloses your medical information to other employees, you might have an employment law claim. There are laws that protect you.
Several federal laws address the confidentiality of employee medical information in the workplace. Although the legal language used to write each of the laws differs somewhat, the primary intent to protect the medical information of employees remains the foundation of each law.
Here are four of the most prominent federal laws that protect the confidentiality of employee medical information:
- Family Medical Leave Act (FMLA)
- Americans with Disabilities Act (ADA)
- Genetic Information Nondiscrimination Act (GINA)
- Pregnancy Discrimination Act (PDA)
Unless a manager or human resources employee has a valid reason to know about an employee’s medical records, the employer can be held legally liable for not following the aforementioned federal laws.
An employment lawyer who specializes in handling similar types of cases can help you determine which laws your employer violated.
Your attorney might recommend filing a complaint with the Equal Employment Opportunity Commission (EEOC), which is the federal agency responsible for overseeing the implementation of laws such as the ADA, GINA, and PDA.
In addition to recommending the filing of a complaint, your lawyer also works with you to ensure you file a complaint with accurate information and in a timely manner.
Another course of legal action entails filing a civil lawsuit that seeks monetary damages. Revealing sensitive information such as your medical information can cause you mental anguish and emotional distress.
Issues such as acute anxiety and persistent insomnia often lead to physical issues as well. Filing a civil lawsuit can help you recover from the financial losses caused by the medical expenses that are directly related to your employer revealing sensitive medical information.
What Do I Do If My Boss Told Coworkers About My Medical Condition?
Your employer is not legally allowed to reveal any private information, including medical information, to any of your coworkers. Medical information is protected by HIPAA. You have a right to keep your medical information private.
The first thing that you should do is fill out a Free Case Evaluation below to be connected with an employment law attorney who can give you advice based on the unique facts of your situation.
After you speak with an employment law attorney you should file a complaint with the EEOC. It’s a violation of your rights for your employer to share any of your medical information with anyone that you work with. Your employer could be fined, and you could receive monetary damages.
When you file a complaint with the EEOC make sure that you include documentation showing when your employer revealed your medical condition, how exactly they revealed that information, and who was told about your medical condition. Make sure the information you submit is accurate.
There may be a time limit on filing a claim with the EEOC so don’t wait to get started. Talk to an employment attorney today to get legal advice about your specific situation.
If the EEOC finds that your employer violated your privacy and revealed sensitive medical information about you to any of your coworkers, you could be entitled to monetary damages. That’s why it’s important that you speak to an employment law attorney now and get started filing an EEOC complaint.
Can I Sue My Employer For Disclosing Medical Information?
Yes, you are able to sure your employer for disclosing your medical information. Your medical information is protected by HIPAA. If your employer discloses your medical information to your coworkers, you can sue your employer for negligence and use HIPAA to show how your employer failed to keep your medical information safe. Your employer could be in violation of both state and federal laws, so you could be entitled to damages if you sue your employer for disclosing your medical information. You may want to talk to an employment law attorney to see if they can help you.
Speak With An Attorney
An employment law attorney will be able to help you get your claim against your employer on track. If your employer has violated the ADA, you can file a complaint. You will not go straight to the courthouse and file a lawsuit against your employer. You will first file a claim against your employer with the Equal Employment Opportunity Commission (EEOC) or some similar government entity.
The EEOC or other agency will ask your employer to investigate the claim and sometimes can get the dispute settled before the case advances to court. If your employer has at least 15 employees, you are covered by the ADA. That means that they cannot discriminate against you based on your disability. The ADA also requires that your employer provide reasonable accommodations to help you do your job.
There are also laws established by many states that prohibit discrimination because of workplace disability discrimination, and some of these laws apply to all employers – even those with less than 15 employees. If your employer has revealed private information pertaining to your medical condition or disability to your co-workers, you may have a strong claim against them. Giving others this information may affect how they talk with you or treat you.
Your employer is also violating the ADA if they made job decisions based on flawed assumptions about your disability or if they didn’t provide you with reasonable accommodations that you requested because of your disability. You should maintain thorough records and documentation to support your claim and to show how the ADA was violated and how your trust was breached.
Your lawyer will review the details of your case and will determine the best way to proceed with your claim against your employer. An employment law attorney is familiar with the ADA and other employment laws and will make sure everything is handled effectively and efficiently. Complete the Free Case Evaluation Form to share the details of your claim.
