Legal Question in Employment Law in California

confidentiality regarding disability

Do employers in CA have a duty of confidentiality regarding someone's general disability status?

I have a client who told the HR department at his work about his state disability leave the day after he was given notice of termination. However, he continued to work there for another week and was able to get state disability benefits.

He met a co-worker this weekend that asked him ''how his disability was going'' and the co-worker said he heard about it from another co-worker. The client says he only told HR because he was going on state disability and no one else at work knows - not even his family knows. He is concerned because he will be looking for another job soon and his field of work is a small community - he is afraid of how this might effect his chances of gaining future employment.

I realize there are laws that protect the confidentiality of AIDS/HIV status being revealed by HR to other employees but I could not seem to find any for general disability. Maybe it's because it could just be a temporary disability and not necessarily something with a social stigma? Could anyone help me out?


Asked on 7/01/03, 7:06 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: confidentiality regarding disability

Try looking at the Confidentiality of Medical Information Act. I don't have the exact cite at hand (I'm not in my office) but I believe it is early in the California Civil Code.

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Answered on 7/01/03, 11:41 pm


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