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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118087
Experience:  20+ Years of Employment Law Experience
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I have a verbally abusive boss and would like to record her

Customer Question

I have a verbally abusive boss and would like to record her public scoldings in meetings. However, we are discussing client/patient information, which is confidential info in behavioral health. Can I record her?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, you cannot record Personal Health Information that would violate HIPAA. Furthermore, unless she is doing this to you based only on your age/race/sex/disability/national origin, it would not be proof of her doing anything illegal, because the law on workplace harassment does not protect employees from a supervisor who lacks personal skills or is uncivil. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).
If she is doing this based only on your age/race/sex/disability/national origin, then you would be able to file a complaint with the EEOC for harassment/hostile work environment, but you still could not record PHI without violating HIPAA and there is no exception under HIPAA for that I am afraid.