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  1. #1
    Join Date
    Aug 2011
    Posts
    9

    Default Can an Employer Disclose an Employee's Medical Information to a Client

    My question involves labor and employment law for the state of: California

    Recently, I called out sick due to a medical condition. They told me I needed a doctors note, which I went and got. I disclosed my medical issue with my employer due to the possibility of it restricting me to light duty work. The next day I provided the doctors note and informed him that the problem was handled and I had no restrictions. As it turns out, 3 other coworkers also called in sick that day, so my employer was suspicious and irritable about the subject.

    We do contract work for a regulated utility provider. We are a private company and we are non-exempt employees. We work with some employees of the regulated utility in the field at least an hour out of our day. Two days after everyone called out, one of those employees approached my crew (myself and one other employee) and that employee of the regulated utility called me on my "excuse" not to work, and said it out loud, in front of my coworker, who had no idea of why I called out. He then called out everyone else who called out, except for my coworker I was working with that day. Obviously, I have strong reason to believe my employer discussed my personal medical information with the employees of the regulated utility, ie; our client, who then shared three of our medical conditions with a coworker of ours, in front of me, out loud. My condition was of a sensitive (and embarrassing nature). Of course I'm not a cry baby, but my employer bends and breaks rules all the time, and I feel that he has gone too far this time.

    My question is, what can I do? My coworker already expressed that he doesn't want to rock the boat, and the utility employee is not known for being reliable or truthful, but there's only one way he could have known all our our medical conditions, and that is through our employer. If anyone has any guidance/advice on that topic, it would be much appreciated.

    Thanks!

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can Employer Disclose Employees Medical Info with Client

    Your employer nor their client owes you any medical privacy.

    You did not have to tell your employer what your medical issue was. If you needed light duty a note from the doctor saying you needed light duty would have been enough.

  3. #3
    Join Date
    Aug 2011
    Posts
    9

    Default Re: Can Employer Disclose Employees Medical Info with Client

    Quote Quoting PayrolGuy
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    Your employer nor their client owes you any medical privacy.

    You did not have to tell your employer what your medical issue was. If you needed light duty a note from the doctor saying you needed light duty would have been enough.
    My employer has threatened employment termination if we don't provide the diagnosis. The note I provided did not give a diagnosis, as the doctor said its none of his business, and her name will suffice and if he pushes the issue its against the law. He constantly creates a hostile work environment. He demanded I tell him what was wrong or I would be considered no call no show when I called in sick. I was not in a position where I could risk my paychecks. Does any of that matter, or is the law clear that once I tell him he can tell anyone he wants? I'm not concerned about the utility company, as I don't have an employment contract with them, as much as that employees actions upset me, I am only concerned about my employer and him sharing my medical problems with others.

    Thanks for the response, regardless.

    "California's Confidentiality of Medical Information Act (CMIA) requires employers to protect the privacy and security of any medical information they receive. Cal. Civ. Code §§ 56.20-56.245"

    Does this not apply?

  4. #4
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can Employer Disclose Employees Medical Info with Client

    HIPAA privacy restrictions do not apply to employment situations. Your employer is a bully who wants to hear what is wrong with you, wants to get you to grovel, beg for time off, and this is mean of him, but unfortunately, it is NOT illegal for him to do so. It is not a definition "hostile work environment" according to EEOC terms though it may feel very hostile to you and he can treat you in a hostile manner, legally. He could terminate you 'at will' in your state. But you elect to continue to work for him under these terms, and that is the way it is. He can tell anyone he wants about your medical condition, simply because there is no protection under the law that prohibits him from doing so.

  5. #5
    Join Date
    Aug 2011
    Posts
    9

    Default Re: Can Employer Disclose Employees Medical Info with Client

    Quote Quoting comment/ator
    View Post
    HIPAA privacy restrictions do not apply to employment situations. Your employer is a bully who wants to hear what is wrong with you, wants to get you to grovel, beg for time off, and this is mean of him, but unfortunately, it is NOT illegal for him to do so. It is not a definition "hostile work environment" according to EEOC terms though it may feel very hostile to you and he can treat you in a hostile manner, legally. He could terminate you 'at will' in your state. But you elect to continue to work for him under these terms, and that is the way it is. He can tell anyone he wants about your medical condition, simply because there is no protection under the law that prohibits him from doing so.
    "California's Confidentiality of Medical Information Act (CMIA) requires employers to protect the privacy and security of any medical information they receive. Cal. Civ. Code §§ 56.20-56.245"

    So this doesn't apply?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can Employer Disclose Employees Medical Info with Client

    Although there are situations where HIPAA applies in the workplace, this is not one of them. You self-identified your medical issue. At this point you really don't know who disclosed your information, or if anyone did. It's been known to happen that co-workers who spend time with you and observe you have been able to guess.

    Now, that being said, you are correct that you are not required to provide a diagnosis, but if you want legal protections you are required to provide enough information for your employer to know what laws and protections apply. Are you able to share what the condition is here, if it would get you some suggestions on how to address it with your boss? You can send me a private message if you would prefer that to posting it. Of course you are not obligated to share it in any way at all; it's just easier to be specific about options if I know what we're dealing with.

  7. #7
    Join Date
    Aug 2011
    Posts
    9

    Default Re: Can Employer Disclose Employees Medical Info with Client

    Any thoughts about the CMIA?

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