The right to privacy in the workplace is pretty confusing, especially concerning medical information. Understanding the legal landscape surrounding medical information disclosure is key to protecting your confidential information.
What Is Medical Information?
Medical information refers to any data regarding an individual’s health status, medical history, and treatment received. This can include information such as current medications, work limitations, previous illnesses, disabilities, and other health-related details.
Employee Rights Under the Law
In the United States, various laws protect employee medical information, including:
The Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities and mandates that any medical information obtained must be kept confidential. However, this applies mainly after an employer has requested information for specific purposes.
The Family and Medical Leave Act (FMLA): The FMLA allows eligible employees to take leave for certain family and medical reasons while ensuring that all medical information is kept confidential.
Where’s HIPAA, you say? HIPAA only applies to your medical providers, so unless your employer is also your medical provider, you’re not dealing with HIPAA rights in the workplace.
State and Local Laws: There may be laws specific to your jurisdiction that affect an employer’s obligation to keep your information confidential. Always talk to a lawyer if you aren’t sure.
The ADA and FMLA supposedly protect your medical information. But that protection only kicks in when an employer requests information for employment decisions or benefits—not when you offer the information unasked.
When Is Medical Information Not Considered Confidential?
1. Voluntary Disclosure
When you voluntarily disclose medical information to your employer without a request, it can lose its confidentiality status. This is particularly relevant when the disclosure occurs outside of a specific request linked to workplace accommodations or health assessments. Employers may feel free to discuss this information with necessary personnel, believing they have your consent.
2. Workplace Policies and Management Needs
Employers often develop policies guiding how medical information is handled. If workplace policies encourage open communication about health issues or require self-disclosure (e.g., for wellness programs), the expectation of confidentiality can diminish.
3. Need-To-Know
If a worker requests medical leave or an accommodation, the medical information the employer gathers pursuant to that request is supposed to be confidential – but the employer is allowed to disclose the information to supervisors and managers who might be involved in determining the appropriate accommodation or leave. So don’t expect HR to keep your medical information confidential from your supervisor.
What Should You Do?
1. Be Informed
Understand your rights concerning medical information. Read your company’s policy documents regarding health disclosures and privacy. Call a workplace attorney when you’re concerned about disclosing information to your employer. Knowing what is required of you can help you make informed decisions about what medical information to share.
2. Disclose Selectively
Only provide medical information when necessary. If you’re unsure whether to disclose certain health details, call a workplace lawyer in your jurisdiction.
3. Ask Questions
If you are required to provide medical information, ask how it will be used and who will have access to it. Call a workplace lawyer if it seems like the request is overbroad or subject to improper disclosure.
4. Seek Legal Counsel
If you’re concerned about how your medical information is handled, consult with a legal professional specializing in employment law. They can help clarify your rights and suggest ways to protect your information.
Conclusion
Understanding the legal nuances surrounding voluntarily provided medical information is crucial for protecting your privacy and rights as an employee. While laws like the ADA provide a layer of confidentiality, voluntary disclosures can complicate matters. Always talk to a lawyer if you’re concerned about the effect of your medical disclosures.
