{"id":1773,"date":"2018-05-01T19:47:50","date_gmt":"2018-05-01T19:47:50","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?page_id=1773"},"modified":"2024-12-06T23:42:57","modified_gmt":"2024-12-06T23:42:57","slug":"can-employer-disclose-medical-information-employees","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/can-employer-disclose-medical-information-employees\/","title":{"rendered":"Can My Employer Disclose My Medical Information To Other Employees?"},"content":{"rendered":"

Information<\/h2>\n

There are a number of federal laws that protect against the disclosure of employee medical information in the workplace. While the language of each law is slightly different, the consensus is universal\u2014employers are held to strict confidentiality rules when it comes to acquiring and disclosing an employee\u2019s medical information.<\/p>\n

Unless a manager, supervisor, or human resources employee has a legitimate need to know, it\u2019s safe to say that an employer that discloses private medical information to other employees is breaking the law. Depending on the situation, the employee in question could file a federal complaint and seek compensation for damages through a civil lawsuit.<\/p>\n

Federal Laws Regarding the Privacy of Medical Information<\/h2>\n

The following federal laws have provisions that apply to the confidentiality and disclosure of an employee\u2019s private medical information:<\/p>\n

Family & Medical Leave Act (FMLA)<\/h3>\n

The FMLA<\/a> is intended to help employees balance their work and family obligations by providing up to 12 weeks of unpaid, job-protected leave each year for qualified personal and family medical purposes. The law applies to private companies with 50 or more employees, all public agencies (federal, state, and local government), and all public and private elementary and secondary schools.<\/p>\n

If you submit private medical information to your employer in the process of applying for or using FMLA leave (usually in the form of a doctor\u2019s certificate), and your employer unlawfully discloses your private information, that\u2019s a violation of the FMLA.<\/p>\n

The Americans with Disabilities Act (ADA)<\/h3>\n

When an employer obtains private medical information from a disability-related inquiry, medical examination, or voluntary disclosure from the employee, the employer is required to treat that information as a confidential medical record. Failure to maintain confidentiality of disability-related medical records is a violation of the ADA<\/a>.<\/p>\n

The Genetic Information Nondiscrimination Act (GINA)<\/h3>\n

This is a relatively new law that prohibits employers from discriminating against employees based on genetic information. The law defines genetic information as any information about an individual\u2019s genetic tests, genetic tests of the individual\u2019s family members, or information about any condition, disorder, or disease that the individual or the individual\u2019s family may have.<\/p>\n

Under GINA<\/a>, it\u2019s unlawful for an employer to disclose genetic information about employees and their families, and the employer is required to maintain a separate confidential medical file to protect the employee\u2019s privacy<\/a>.<\/p>\n

The Pregnancy Discrimination Act (PDA)<\/h3>\n

This is actually an amendment to Title VII of the Civil Rights Act (Title VII<\/a>). The amendment makes it illegal for an employer to discriminate against a woman on the basis of pregnancy, childbirth, or any medical condition related to pregnancy and\/or childbirth.<\/p>\n

If an employer discloses an employee\u2019s medical information that\u2019s protected under the PDA<\/a> and the disclosure leads to discrimination, harassment, and\/or retaliation, that\u2019s a violation of Title VII.<\/p>\n

The Health Insurance Portability and Accountability Act (HIPAA)<\/h3>\n

HIPAA<\/a> provides data privacy and security provisions that are intended to safeguard your private medical information. The law\u2019s Privacy Rule controls how your health plan or healthcare provider shares your protected medical information with your employer, but it doesn\u2019t protect your employment records (even if your employment records contain medical information).<\/p>\n

It would only be a violation of HIPAA if your employer requested and received medical information from your health plan or healthcare provider without your explicit authorization.<\/p>\n

Legitimate Need-to-Know Circumstances<\/h2>\n

Generally speaking, there are four circumstances where it may be permissible for an employer to share your private medical information. Note, however, that these are exceptions to the rule, not rules in and of themselves. The exceptions are:<\/p>\n