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 ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Personal Injury Law
Satisfied Customers: 15918
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Personal Injury Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I have a metal rod in my ankle and when I went outside to go

Customer Question

I have a metal rod in my ankle and when I went outside to go to my car i stepped off the curb wrong, spraining my bad ankle and tearing scar tissue in it.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what your question is?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Did you wish to continue with this question?

Customer: replied 1 year ago.
I hurt my ankle, and a SUPERVISOR at my work is telling her family members that I use my ankle problems to get out of work and she said that if I even complain about my ankle she will call the EMS to take me to the ER and do a drug test... Is this a breach of the HIPPA laws? Do I have any recourse? She is a bully and retaliates against me all the time. Ive talked with the manager, the Casino Shift manager and I have no idea what to do now. Any ideas?
Expert:  ScottyMacEsq replied 1 year ago.

I see. I am sorry to hear about your situation. As you're working at a casino, I assume that it's a Native American casino (as I believe all the casinos in Idaho are).

HIPAA does not apply at all because it's the employment context. HIPAA is a health information privacy law, but specifically only applies to providers of health care and associates of those providers (so doctors, doctor's offices, nurses, insurance companies, hospitals, pharmacies and pharmacists, etc...). It does not apply to your employer. So even if there was a disclosure that would clearly and blatantly be a HIPAA violation if it was done by your doctor, if it was done by your employer it would not be. HIPAA is not an employment rights law.

Now while their actions might be actionable by you if it was not a Native American tribe, the fact that it IS a Native American tribe makes any enforcement that much more difficult. That is, your condition could otherwise be covered by the Americans with Disabilities Act (ADA). The ADA requires employers to provide "reasonable accommodation" to otherwise qualified disabled employees, unless doing so would impose an undue hardship (42 U.S.C. § 12181). The problem is that ADA specifically excludes Indian tribes from definitions of "employers" subject to Act. So while "employers", under the law, have to accommodate disabilities, Indian tribes are not "employers" under the law. It's ridiculous, but blame Congress for that fact.

In short, and I'm really sorry to say this, but any limited recourse that you might otherwise have against a general employer would not be there because they're a tribe and largely exempt from most Federal employment laws.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?