Legal Question in Employment Law in Pennsylvania

My former employer shared medical information to a prospective employer. I know the becuase the potential employer asked me, via LinkedIn, about my medical condition.

I did not get that job.

What options to I have>

Dan


Asked on 2/14/11, 6:21 am

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

Employers are supposed to segregate your medical information from your personnel file and they are not allowed to disclose that information without your authorization except in very limited exceptions. I would recommend that you contact an employment lawyer in your area to pursue your remedies.

Off the top of my head, I cannot recall whether you have a private cause of action that would allow you to seek damages form your former employer, a right sto seek enforcement and the imposition of fines by a governement agency, or both. I imagine that it would be both and that your private causee of action would be based upon violation of privacy rights and interference with your potential job.

You may also have a cause of action under the Americans with Disabilities Act against a potential employer who refused to interview, consider or hire you becasue of a health condition. The condition must qualify as a disability under the definition of the ADA and you will need to show that you could perform the job despite that disability with or without reasonable accomodations.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 2/14/11, 9:13 am


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