How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask legaleagle Your Own Question

legaleagle
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13441
Experience:  Practicing Attorney for 10 years
4622441
Type Your Employment Law Question Here...
legaleagle is online now
A new question is answered every 9 seconds

My company has a room-share travel policy. I have a medical

Customer Question

My company has a "room-share" travel policy. I have a medical condition and do not want it disclosed to my fellow employees or management for that matter. Is there a law that allows me to have a seperate room because sharing would force disclosure. Do I have to tell them my medical condition and/or provide my medical records? I would like a right to privacy perspective...
Submitted: 4 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 4 years ago.
Thank you for using JustAnswer!

The answer is "no" there is not such a law. If you want a separate room, your employer will likely advise you that you should be prepared to pay for it yourself.

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 4 years ago.
Relist: Incomplete answer.
I would like to know a little more information regarding my rights to privacy on this issue.
Expert:  JB Umphrey replied 4 years ago.
There is no legal requirement that the employer provide you with a separate/private room. If you wish to have a separate room, you have to be prepared to pay for it yourself and not expect the employer to.
Customer: replied 4 years ago.
Relist: Inaccurate answer.
I would like to know the MEDICAL DISCLOSURE ISSUE. I have genital herpes with frequent breakouts. This is extremely uncomfortable and painful. First of all knowing that I really wouldn't want to share a shower and toilet with someone I didn't know who had herpes for an entire week at a time I don't feel that it is right or healthy for someone else too. Second, when I do have breakouts I have a regimen that I have to do that is a little embarrassing. So you're telling me that I have no right to keep that private and my entire company has the right to know this. I travel for half of the month, the policy was not made known to me before I got hired.
Expert:  JB Umphrey replied 4 years ago.
I do not believe that I ever indicated in any of my answers that you have to voluntarily disclose this to your employer. Rather, I've simply indicated that if you want a private room, you need to be prepared to pay for it yourself.
Customer: replied 4 years ago.
With all due respect, you are not answering my question at all. I understand that if I want my own room just because it will come out of my pocket. I cannot afford to travel for the company and pay for my own hotel room. Sharing a room will FORCE ME TO DISCLOSE THIS CONDITION in certain instances. Being that it is the companies POLICY it is therefore the company that is forcing me to INVOLUNTARILY disclose my condition. If you are not familiar with medical privacy or disability discriminiation law please do not respond to my email anymore so that I can get another answer that is more helpful. I do not mean any disrespect or doubt that you are probably an amazing lawyer, but your answers are not touching on the area that I am looking for. Thank you for your time.
Expert:  JB Umphrey replied 4 years ago.
The medical privacy protections of HIPAA doe not apply in the employment setting.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/employers.html
Customer: replied 4 years ago.
Relist: Answer quality.
Thank you for the link, but HIPPA only applies to health care providers and an individual's privacy.
Expert:  JB Umphrey replied 4 years ago.
That is precisely the point. No such privacy protections exist in the employment setting.
Customer: replied 4 years ago.
Relist: Answer quality.
Actually there is the Americans with Disabilities Act. PLEASE DO NOT ATTEMPT ANSWER MY QUESTION AGAIN. I WOULD LIKE ANOTHER OPINION.
Expert:  JB Umphrey replied 4 years ago.
As you can see, two other experts have separately agreed with this Answer. The ADA does not apply in your situation for the facts you've described. Your concern is about personal privacy to avoid embarrassment. That is entirely understandable. However, the employer does not have an obligation to pay for a separate room for you.

I hope that you will reconsider and find this answer to be ACCEPTable even though it's information that you do not necessarily want to hear!
Customer: replied 4 years ago.
You are seriously ridiculous. If you comment one more time on my post I am going to complain about you and your unprofessionalism. I would like a little more than a one sentence answer or some link to something that has nothing to do with my situation. What I don't want to hear is your opinion anymore. You are crazy if you think you are going to get my $28. For the last time... DO NOT CONTACT ME AGIAN!
Customer: replied 4 years ago.
Relist: Answer quality.
Expert:  legaleagle replied 4 years ago.

There are no laws that protect you based on the facts you have presented. Since your employer has a written policy that employees share a room when they travel you are required to abide by the employer's policy. If you want an exemption from that policy they may require you to disclose this reason and if it is medical there is no law that stops them from requiring you to disclose or forcing you to share if you will not disclose. You assume that your roommate would be aware of your condition if you shared but that is not a known fact so by forcing you to share there is no conclusion that this will force you to disclose because your roommate will be aware.

 

I could not find any case law that stated herpes is a disability covered by the ADA. But you could make that argument but to ask for a reasonable accommodation for a paid individual room you would have to disclose your disability to your employer.

legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13441
Experience: Practicing Attorney for 10 years
legaleagle and 8 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.