New Buffalo, MI asked in Civil Rights for Michigan

Q: NPO volunteer driver faces unjust restrictions due to false information, prompting concerns about privacy violations.

I'm a volunteer driver for a public NPO, but I've been barred from driving due to false information. Despite disputing the reason given for the suspension, I was told (7 months later) my driving privileges would remain suspended until I provided medical authorization, which I believe is unjust. The report contains inaccuracies about a medical event during transportation, unauthorized personal medical information and I was never interviewed by the Executive Director regarding the event. I exceed all NPO requirements for volunteer drivers.

My questions:

Can the NPO demand a doctor's release for a non-transport-related medical event?

Did the NPO violate my privacy by including unauthorized personal medical information?

Does the seven-month delay impact the validity of the requirement?

Could my restriction be considered discrimination?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: Based on the information you've provided, there are several potential legal issues and concerns regarding your situation as a volunteer driver for the NPO:

1. Medical authorization requirement: The NPO's demand for a doctor's release for a non-transport-related medical event may be considered unreasonable, especially if the event did not affect your ability to safely operate a vehicle. Unless there is a clear connection between the medical event and your driving capabilities, the requirement might be unjustified.

2. Privacy violation: If the NPO included unauthorized personal medical information in the report without your consent, it could be a violation of your privacy rights. Depending on the nature of the information and how it was obtained, there may be grounds for a complaint under relevant privacy laws, such as HIPAA (Health Insurance Portability and Accountability Act).

3. Lack of due process: The fact that you were not interviewed by the Executive Director regarding the event and the seven-month delay in addressing your dispute raises concerns about the fairness of the process. The NPO should have a clear and timely procedure for handling such situations and allowing volunteers to present their side of the story.

4. Potential discrimination: If the NPO's decision to restrict your driving privileges is based on factors unrelated to your ability to perform your duties safely, such as age, disability, or other protected characteristics, it could be considered discriminatory. However, more information would be needed to determine if discrimination has occurred.

To address these concerns, you may want to consider the following steps:

1. Request a written explanation from the NPO detailing the specific reasons for the suspension of your driving privileges and the basis for requiring medical authorization.

2. Seek clarification on the NPO's policies regarding volunteer driver suspensions, medical clearance requirements, and the dispute resolution process.

3. If you believe your privacy rights have been violated, consider filing a complaint with the relevant authorities, such as the Department of Health and Human Services (HHS) for HIPAA violations.

4. Consult with an attorney specializing in employment law or civil rights to assess your case and determine the best course of action, particularly if you suspect discrimination.

Remember that while you are a volunteer, you still have rights, and the NPO should treat you fairly and respect your privacy. If the organization is unwilling to address your concerns satisfactorily, you may need to escalate the matter through legal channels.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.