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I currently work for the veterans benefit administration. I…

Customer Question
I currently work for...

I currently work for the veterans benefit administration. I had an interview with another agency within the federal government. I gave them two references and both people are supervisors in my current department. I currently have FMLA. I do get sick and I do utilize my FMLA. The prospective employer called my reference and when they asked her if I am sick a lot she answered "yes, she has FMLA". Was she in the right to divulge that information?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

My current job is in MO and the prospective job is in IL. I live on the boarder so I live in IL and work in MO.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 3 months ago.Category: Employment Law
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Answered in 9 hours by:
3/10/2018
Employment Lawyer: Marsha411JD, Lawyer replied 3 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,882
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. No, not only should the prospective employer not asked the question about your health (assuming they did), but your current supervisor should not have divulged any information about your health either, including use of FMLA. This is a violation of your right to medical privacy. Also, there would be a potential discrimination claim under the ADA if you are not hired by this other agency because of this interchange.

You should consider going to HR to file a complaint for that violation, and also may want to speak to your union rep to see if there is anything in the bargaining agreement that covers this issue. If there is, then you would have to file a grievance under the BA and use that process.

Please feel free to ask for clarification if needed. I will be away from my computer for much of the day but will respond as soon as I first become available. If no further assistance is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 3 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 10th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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