Raleigh, NC asked in Employment Law and Employment Discrimination for North Carolina

Q: Hello, is it against the law for a manager to ask and have a discussion about my medications with my coworkers?

I was out from work for 2 days because of my panic attacks. Today is the third day and my coworker just told me that my manager was asking him about my medications and in front of my coworker while I am not there. I am so embarrassed and upset that my manager is asking my coworker about my medications. It makes me not want to show up for work tomorrow now because of the embarrassment.

1 Lawyer Answer
Kirk Angel
Kirk Angel
  • Employment Law Lawyer
  • Concord, NC
  • Licensed in North Carolina

A: In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications is likely not unlawful by itself. Even so, if you are terminated, it could be evidence that your medical condition played a role. If the medical condition meets the definition of a disability under the ADA, there might be a claim.

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