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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18789
Experience:  Employment/Labor Law Litigation
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My employer has been talking about another employees medical

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My employer has been talking about another employees medical condition and reasons for being off work with me and other staff. He also has payroll information posted on a bulletin board at his desk that all employees can see. He obviously doesn't understand anything about confidentiality. Is there an agency or somewhere to report him so that the HR/Payroll practices can be audited?
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How did he obtain this medical information? Is he referring to their medical information based on his receipt of medical records, or rather, just what he has been told?
Customer: replied 3 years ago.

The employee went in to a drug rehab program. When she did the owner and her brother (General Manager) discussed with other employees why she was in rehab and that they were giving her 30 days before she could come back. She came back to work and things were going smoothly. This past week she was off on Monday and Tuesday and came back on Wednesday. He had a meeting with her. Afterward, he called me in and there was another employee and our Manager in the office. He made comments based on the conversation he had with the employee.

Ok. The employer did not share technically protected information, in terms of a HIPAA violation. The employer didn't disperse medical records. Once that information was shared with the employer, it was no longer confidential under HIPAA.

So, the employer didn't actually violate any confidentiality laws. Instead, the employer can be said to have discriminated on the basis of disability, as drug addiction is considered a disability. So, the employee could complaint to the employer that this manager is violating the ADA by disclosing their disability without good cause.

As for the payroll information, that is also not confidential. The employer could legally post a newspaper article with everyone's pay information in it. Many employers treat it as confidential so that they don't have in-fighting between employees that may be paid at a different rate.
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