Legal Question in Disability Law in District of Columbia
Breech of Confidentiality by Supervisor Re: Mental Health Status
I disclosed my diagnosis of Bi-polar II to my direct supervisor after there was, I knew, a decline in my work performance. I had stopped taking my medication, and my work suffered as a result. I wanted her to know that I was addressing this - with new medication.
I was worried about confidentiality. She assured me that the only other people who would be told would be the COO and the President of the company (I work at a relatively small residential provider of group homes for adults with
disabilites). She gave me information on the ADA and told me that if the ''higher ups'' ever tried to ''mess with me''
because of my ''disability'' (all her words), I should know my rights.
A conversation with a co-worker yesterday revealed that my supervisor actually didn't keep that information confidential. She told my coworker, who is willing to go on record, that I am ''crazy and bipolar''. This same coworker said that she already knew this when my supervisor told her ,because she had heard it from someone else that my supervisor had previsously told. My coworker advised me to ''ask anyone, they all know''. I did just that, and she was correct.I feel like private my medical information was broadcast to the company.
1 Answer from Attorneys
Re: Breech of Confidentiality by Supervisor Re: Mental Health Status
If your company is covered by the ADA - if it has 15 or more employees - then you probably have a cause of action for a breach of privacy concerning medical information. If not, you may be covered by state law (or possibly by the new HIPAA regulations that take effect this month and also regulate medical privacy, if the violation continues).
However, you probably have not been "damaged" very much in a legal sense, so it is probably not worth pursuing a case (you have to file first with the EEOC or a state human rights agency, and then sue if the matter is not resolved at the administrative level)because it is time-consuming, eventually expensive in terms of attorney's fees and costs, and will likely not result in much if any monetary damages, but will likely create hostile feelings from your employer. (If you do file, you must do so within certain timeframes, the shortest of which is 180 days from the date you found out about the violation. You can call the EEOC in Baltimore for more information.)
Rather, you might want to make a diplomatic complaint to the proper authority at work. See if there is a work policy on how to bring a discrimination complaint. If so, follow it. In any case, carefully write out what you know, using only facts, not hearsay or opinion or accusations or derogatory remarks, and ask that the matter be dealt with so that your medical info remains private from now on and the problem does not arise again.
This is not a time for revenge or a fight, unless you are willing to leave the company, because that is often what winds up happening, unfortunatley, in these situations. Rather than being viewed as the victim, it is possible if not likely that you will be viewed as the "troublemaker".
Importantly, you still have to deal with your supervisor, so you need to think out the consequences of any action you take, in regard to that future relationship, before doing anything.
Please call for a free consultation if you want to talk through your options. I do not think you need a lawyer, but it never hurts to talk things out before taking action.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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