Cary, NC asked in Employment Law and Health Care Law for North Carolina

Q: I called out sick & my supervisor told everyone in the Teams chat my diagnosis w/o asking me then sent a text to apologi

Odd thing is a coworker was out sick previously and I knew why and she made sure to tell me not to say anything in the teams chat because it goes against policy so why was my issue told to everyone without my consent. I know she made a mistake when she texted my cell phone saying she was sorry for sharing without asking me. Very embarrassing now everyone knows what I have.and I have to work with these people. Is this ok?

1 Lawyer Answer
N'kia (NLN)
N'kia (NLN)
Answered
  • Cary, NC
  • Licensed in North Carolina

A: An employer could violate the law by disclosing an employee's medical information without consent or justification. But the answer would depend on several factors, including the specific information that was disclosed. For example, there are laws related to privacy (generally), disabilities, leave of absence, etc. There are also laws related to specific types of medical conditions. (NOTE: HIPAA only applies to an employer that is considered a "covered entity" as defined in that law itself.)

A knowledgeable attorney can help narrow down which laws might apply to a given situation and then assess whether an employer violated any of them.

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