Manager Disclosed Health Information

Summary

Disclosing an employees health information without consent may violate the ADA and Tennessees Privacy Act. Employers must provide reasonable accommodations unless it causes undue hardship. Consult an attorney before discussing violations with your manager. Indirect evidence like coworker testimonies or documented changes in treatment can support your case. Retaliation for asserting your rights is illegal.

Full Conversation

I made a written disclosure of my mental disorder at work. One of my coworkers asked why I had worked a different shift, and a manager told them about my letter. I don't know if they said what was in the letter, but I'm not sure if it was legal for my manager to mention it at all
Hello Christopher. It's important to know your location to provide accurate information. However, in general:
- Your manager may have violated privacy laws.
- If in the U.S., the Americans with Disabilities Act protects you.
- Your employer is not allowed to disclose your health information.
Could you please tell me the country or state where you're employed?
Tennessee
Hello Christopher, based on your location in Tennessee, here are some key points:
- Under the Americans with Disabilities Act (ADA), your employer should keep your health information confidential.
- Tennessee's Privacy Act also protects against unauthorized disclosure of personal information.
- If you believe your rights have been violated, consider contacting a local employment law attorney.
If I get an attorney and file a suit will I be terminated from my job
Hello Christopher. In Tennessee, it's illegal for an employer to retaliate against you for asserting your rights under the Americans with Disabilities Act (ADA). This includes filing a lawsuit. If you experience retaliation, you can add it to your claim.
So even if the manager did not disclose anything in my letter, they are still in violation?
Hello Christopher. Yes, if your manager disclosed the existence of your letter without your consent, it could be considered a violation of your privacy rights under the ADA and Tennessee's Privacy Act.
My employer is also giving me the runaround about my reasonable accommodations request. Is there anything I can do
Hello Christopher. Can you please provide more details about the reasonable accommodations you requested and how your employer is giving you the runaround? This will help me provide more accurate information.
I have requested an earlier shift start time, and they are telling me that I would have to move to part time in order to obtain it
Hello Christopher. If you're in Tennessee, your employer is required to provide reasonable accommodations under the ADA, unless it causes undue hardship. Changing shift times can be considered a reasonable accommodation. It's recommended to consult an employment law attorney.
Should I speak to my general manager about this violation before or after I consult an attorney
Hello Christopher. It's generally recommended to consult an attorney first. They can provide guidance on how to approach the conversation with your manager effectively and legally.
What if I can't prove they mentioned the letter
Hello Christopher. If you can gather any evidence, like witnesses or emails, it would be helpful. However, an employment attorney may provide guidance on proving this violation based on patterns of behavior or other indirect evidence.
What kind of indirect evidence
Hello Christopher. Indirect evidence can include:
- Testimonies of coworkers who witnessed discriminatory behavior.
- Documented changes in your work environment or treatment after the letter was disclosed.
- Patterns of similar behavior from your employer towards other employees.