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I'm sorry to hear about your situation. Unfortunately, HIPAA does not apply to employers, but only "covered entities". Employers are generally not subject to HIPAA. This includes employers that are in the health care field and have access to the types of records that are generally protected by HIPAA. Here's the Code of Federal Regulations provision: http://www.gpo.gov/fdsys/pkg/CFR-2007-title45-vol1/pdf/CFR-2007-title45-vol1-sec160-103.pdf
Page 4 says: (2) Protected health information excludes individually identifiable health information in:(i) Education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g;(ii) Records described at 20 U.S.C.1232g(a)(4)(B)(iv); and(iii) Employment records held by a covered entity in its role as employer.
Now to the point that these records were obtained from your medical provider, you could complain against your doctor, etc... that disclosed these records without your consent. But to the extent that they were used by your boss, even against the written policies in place, that would not be a HIPAA violation, because HIPAA records held by a covered entity (such as a hospital, doctor's office, etc...) but in its role as employer, rather than provider, would not be covered by HIPAA, and would not be subject to a HIPAA complaint.
As for the policy and enforcement of that policy, that's generally up to the discretion of the employer.
If you suffer an "adverse employment decision" contrary to the written policies, you can often have a claim against them under a "pseudo contract" theory.
But if you don't actually have any concrete "damages" (such as lost wages, etc...) to point to, unfortunately that is not going to be something that you can sustain a legal action based upon.
Now I certainly would suggest documenting everything, to the extent that they dismissed your complaints and did not comply with written policies, etc... because if they do try to enforce those policies against you in the future, you can point to "unequal application" of the policies, and claim that any adverse employment decision against you would thus be unjust as a result.
I know that this is probably not what you want to hear, but it is the law. I hope that it clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!
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