What Is a Breach of Medical Confidentiality in the Workplace?

As an employee, you have the right to certain privacy protections. You shouldn’t need to unnecessarily disclose medical information to an employer, and your confidential medical details should generally be safe and private when you do have to provide them. A breach of medical confidentiality in the workplace could give rise to legal claims. 

If you think your employer has violated your medical confidentiality rights, consulting employment attorneys can help you understand your legal options. 

What Medical Information Do You Need To Disclose to an Employer? 

You generally don’t need to disclose medical information to an employer beyond what is necessary for you to do your job or apply for specific programs. You also shouldn’t need to worry about your employer sharing your private medical information with coworkers, supervisors, or other parties. 

These are a few programs that may require you to provide some level of protected health information. 

• The Americans with Disabilities Act (ADA): Under the ADA, your employer should make reasonable accommodations based on your disability. The information you provide for a disability-related inquiry should be kept confidential, and your employer should not disclose it to other parties without permission. 
• The Family and Medical Leave Act (FMLA): The FMLA is a federal program that provides employees with job-protected leave for certain personal or family medical purposes. Your employer may need enough medical information to know whether your specific medical circumstance qualifies, such as in the form of a certificate from your doctor. You should not need to disclose details beyond this certificate. 
• The Pregnancy Discrimination Act (PDA): The Pregnancy Discrimination Act makes it illegal for an employer to discriminate against a person on the basis of pregnancy or childbirth. If you disclose such medical information to your employer, this information is generally protected under the PDA. 
• The Health Insurance Portability and Accountability Act (HIPAA): HIPAA may apply in cases in which you provide confidential medical information to a health insurance company or healthcare provider in association with your job. If your employer improperly requested and received private medical information about you from this party, this could be a violation of HIPAA. 

Circumstances Where Your Employer May Need To Know Private Medical Information 

There are a few circumstances in which your employer seeking, receiving, or disclosing your private medical information may not be a violation of your rights. These include:

• Disclosing medical details to necessary personnel for a workers’ compensation or insurance claim
• Providing first responders with medical information if you need emergency medical treatment
• Disclosing details as requested by a state or federal agency during a workplace investigation
• Telling supervisors or managers medical details as is necessary to provide reasonable accommodations for your disability 
• Requesting medical information from you to determine whether your medical condition poses a direct threat to yourself or others for employee health and safety 

These are a few additional instances in which disclosure of medical information may not be unlawful: 

• Your employer acquired the information unintentionally, such as by overhearing you or someone else discuss it.
• You voluntarily disclosed certain information about your medical condition.

Examples of Breaches of Medical Confidentiality in the Workplace 

What is considered a breach of medical confidentiality in the workplace? These are a few examples that may indicate an employer has violated workplace confidentiality policies or your employee rights. 

• Discloses private medical information without a lawful, job-related, or program-related need
• Reviews medical information in your file or that you privately disclosed to a particular party without your permission 
• Requires you to disclose medical information beyond what is necessary for the program you are applying for
• Threatens to alter your employment if you do not provide certain details that they do not have a legitimate reason for needing to know 

Legal Protections and Options After a Breach of Medical Confidentiality 

Speaking with a CA employment attorney after experiencing a breach of medical confidentiality in the workplace can help you understand your options and next steps. They can evaluate your case and assess whether you may have a claim. They can also advise on which agency to file a complaint with, such as the Equal Employment Opportunity Commission or the California Civil Rights Department. 

If the unauthorized disclosure of private medical information led to discrimination, harassment, or retaliation, you may be able to cite these unlawful actions in a claim against your employer. Examples of these actions might include:

• Your employer changing your job duties after learning private information about your disability or medical condition
• A manager making jokes or unwanted comments about your medical condition 
• Your supervisor firing you after learning that you are pregnant, with or without you disclosing this information to them 
• Your employer requiring you to provide specific, private details about your medical condition before they will approve your leave or consider you for a promotion

If you file a claim with a federal or state agency, it will determine whether to investigate the claim. It may issue you a “right to sue” letter, giving you the opportunity to file a lawsuit against your employer.

You may be able to seek remediation such as back pay, front pay, or emotional distress damages, depending on the underlying legal theory that is the basis of your case.  

Request a Legal Consultation With D.Law 

Your medical information should generally be safeguarded in the workplace, and finding out that your employer has disclosed it to others or that an unauthorized person knows private details about your condition can be discouraging. Even if you are applying for medical leave or requesting disability accommodations, you shouldn’t be forced to disclose unnecessary details about your condition. 

An experienced attorney can help you understand your rights and protections to employee medical privacy. They can listen to the details of your case and guide you through your next steps, whether reporting the incident to HR or filing an official claim with a government agency. 

Request a legal consultation with D.Law today by giving us a call or filling out our online form.