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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19777
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Heres my situation, I contacted my former employer abt returning

Customer Question

Here's my situation, I contacted my former employer abt returning to work. The person I contacted for hiring/recruitment at the department knows I'm pregnant (via social media) and relayed this information to Human Resources when asking questions about reinstatement for my former position.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 3 years ago.
Hello,

Thank you for the information. Can you tell me what your legal question is? Were you denied reinstatement? What kind of work do you do and would your doctor put you on any limitations?
Customer: replied 3 years ago.

I was denied reinstatement. My former position was a Police Officer I was told to reapply when the position reopened. They wuoted Admin Regsehich state I have a full year to request reinstatement. They said they were denying my requeat because they are not currently actively recruiting for Police Officers The active recruitment clause is NOT in the Admin Regs they quoted or sent to me. I was originally told when requesting reinstatement it was as simple as a phone call to the Chief to determine whether or not there were positions available

Expert:  Marsha411JD replied 3 years ago.
Hello again and thank you for that, however, you still didn't tell me what your legal question is. We don't like to assume we know, because many times it might be completely different than what we thought it would be. So, I still need to know your specific legal question. Thanks
Customer: replied 3 years ago.

My question would be whether or not my former coworker violated HIPAA by passing on news of my pregnancy to HR when trying to determine what his tole and HR's role would be in getting me reinstated. My second question would be whether or not i would have a valid EEO complaint for discrimination

Expert:  Marsha411JD replied 3 years ago.
Hello again and thank you for clarifying that information. No, the information that your coworker had, if from social media or a friend of a friend, would not be in the realm of being a HIPAA violation. Only information that is taken from medical records or medical providers and only if the person has a duty not to disclose private medical information, would be a HIPAA issue. In this case, as I understand it, this person found out via social media, which is not privacy protected and not a medical record. So, they did not do anything illegal per se by just knowing and making a statement.

However, if the employer made their decision not to reinstate you because of your pregnancy, then that would violate the Federal Pregnancy Discrimination Act, which is a part of Title VII of the Civil Rights Act of 1964.

So, you have a couple of options here. One is to sit down with a local employment law attorney to discuss this issue and the employer's reinstatement rules, to see if they think maybe if they wrote a letter to your employer they might reconsider their decision, and therefore avoid possible litigation. If they don't think that is the tactic that you can expect to work, then you could file suit for pregnancy discrimination, but will first need to file a formal discrimination complaint with the EEOC. You can either wait for them to try to resolve the issue, or you can file suit after asking them for a "right to sue" letter.

If you have limited funds, you might want to file your complaint with the EEOC and see where their efforts to resolve this go before you consider filing suit. The EEOC route doesn't cost any money, but filing suit does.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 3 years ago.
Hello again Janice,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 12th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how the Experts get credit for their work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.