- November 26, 2023
- Posted by: legaleseblogger
- Category: Related News
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Employee Rights and Workplace Privacy: Understanding Your Options
I underwent a surgery and was out of work for two weeks to recover. My employer requested a doctor’s note, and while I provided one, it contained only the dates I would be absent and the doctor’s signature, without specifying the nature of the surgery.
On returning to work, I felt violated when my coworkers seemed to possess detailed knowledge about the surgery I had undergone. This information could only have been obtained if someone had gone to the lengths of researching my doctor, which is a clear violation of my privacy.
I am left wondering if there are any legal avenues for me to pursue in this situation, especially as privacy rights in the workplace are a concern to me.
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Not a lawyer but worked in HR.
From a HR perspective (in FL) this is highly unprofessional behavior and potentially crossing a toe over into risky territory. If the medical issue had led to ADA or FMLA then there are MUCH stronger protections for confidential personal information. A reasonable HR would likely discipline this manager and definitely should retrain them on handling sensitive information.
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How did anyone learn what surgery you had if you only had a doctors note saying days off?
Did you personally tell anyone about it/ post on social media?
NAL, but formerly ran a company that offered benefits. IIRC if this employer offers health insurance, there are medical privacy rules they need to follow otherwise they can be sued by the employee for breach of privacy. IÔÇÖm sorry I canÔÇÖt remember specifics, but if you have benefits provided through this job, you may have a valid claim against this boss. Hopefully HR and a lawyer from this forum can help you. I got this knowledge from the insurance broker I worked with to find a policy for my company, so maybe a broker could give you insight as well. Larger companies often pay an outside agency to manage employee leaves for this reason. Keeps your medical specifics outside of the office. IÔÇÖm sorry this happened to you.
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Contact the EEOC (Equal Employment Opportunity Commission) for guidance. I believe they can help you.
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Talk to your doctor who made the note for you or the hospital you were at and asked if anyone had been contacted by your boss or someone who had been asking about your surgery. If anyone gave the information, they could be liable to revealing confidential patient information, which is definitely illegal.
Also, whether your boss found out the correct information or not, he also violated your rights by revealing medical information without your knowledge or consent. Speak to your HR at your work about this, as they will want to avoid any legal action possible and will want to investigate to get the problem solved quickly. Make sure you have a copy of the doctor’s note, and collect statements from your coworkers about how/when/where they heard the word about your surgery from.
How do you know who leaked the info? Boss may deny he told anyone and same with HR?
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A few things:
1. How do you know he researched your doctor?
2. How do you know he was the one who told everyone else?
Even if you had a basis, itÔÇÖs challenging, given that it doesnÔÇÖt exactly meet the bar for a hostile environment, and you didnÔÇÖt give him the information directly. ItÔÇÖll be even more challenging if youÔÇÖre going on the basis of ÔÇ£I ASSUMED he looked it up and told everyoneÔÇØ. You need to know that he did those things, for example, if he told you or other coworkers he did those things.
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They probably just inferred what it was due to the available evidence and you may have inadvertently confirmed it due to your verbal or non-verbal response when asked. I would just move on as it would be very difficult to prove a HIPPA violation as technically no protected information was shared with your employer.
You can raise the issue with your corporate HRÔÇÖs team and they will address it with your supervisor but he will just get a coaching on how to treat these situations going forward.
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Did you post it online or anywhere? Just thinking if possible ways he found out what the surgery was. Doctors cannot release that information, even to your work.
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