Legal Question in Civil Litigation in Virginia

Re: Violation of Privacy act by releasing medical records

I think this is a really good question, but really one of labor law rather than general civil litigation. Since that's not an area of special expertise in my firm, I waited to see if anyone else would respond.

First, find an attorney who handles labor problems; you can probably get one through your union, but be cautioned that the union's attorneys are hired to take care of the union, not you. You need to find out if there's any federal legislation that covers that problem.

I can tell you that, as a matter of Virginia law, you gave up any privacy rights you may have had when you gave the information to the employer. There are laws that govern what medical care providers can do with your records, but when you give them to a third party other than another medical care provider for the purpose of further medical care, that third party is not obliged to keep your information secret.

I realize that you were placed in a position of either revealing the information or being denied employment benefits, and that's not fair to the employee. However, the current state of Virginia law is that it's your choice, and if you don't like it, you can work somewhere else.

You see why I suggested you consult an attorney who handles federal labor law. You may also have rights under your own contract with your employer or your union's contract that you can check on.