Disclosure issue at work _ a manager reveals my status in staff meeting

[glensutton]

Several months ago while I was still employed at one of the Big 4, I disclosed my status to a coworker who had disclosed to me some very personal health related issues regarding her husband. My sharing was done in confidence and as a show of trust and empathy. Then a few months later, after she was promoted to a manager position, I heard from my immediate supervisor that she disclosed my HIV status to her team members in a meeting discussing our team's relationship with her team, and to this day will not acknowledge why. HR was called in and they told me that she and the other members of that meeting were reprimanded for discussing my status and was told to never discuss it again. Supposedly the person who disclosed my status was "strongly reprimanded" but since then I have been left unable to trust her, HR, or my management team. Again, I asked them to explain why my status was disclosed and they refused to give me any answers. This drove a wedge deeper between my faith in them.

Since then, I have been reprimanded for speaking up when I felt something was inappropriate or unethical, and finally last week was "separated" from the company because I hung up on one of those team members who was being rude, as well as my immediate supervisor for not showing support, or listening to my side of the story.

I am glad I am out of there, as the stress of the place and the situation has been taking a toll on my health, but at the same time I feel as if I have been wronged.

Anyone know what options I may have, or any suggestions? Should I have sued them for the disclosure as many friends have suggested? What are my rights in this situation?

Any help would be appreciated.

thanks

[Coffeechick88]

An attorney that deals with these issues would know more (I believe you can find it through the ACLU), but what they did was out of line and I think you have a case against them.

[Oceanbeach]

Hey Glen,

I agree with Coffeechick, that manager was completely out of line.  Somewhere in my files, I have a business card from a law firm in San Francisco which specializes in HIV related issues and work pro bono.  However, if you live no where near San Francisco, that wouldn't do you any good.

Years ago, one of my friends was beat up badly by the L.A.P.D., we picked him up at Twin Towers (the same Twin Towers in Paris Hilton clips).  I took photos at the door as he was being released and then took him to ACLU.  I can't say enough about the response and caring of this organization.  If you should chose not to file suit, you can (asan individual) demand a permanent reprimant in the personnel file of that manager and go to the employer to view the reprimand to see that it is in fact in place.  Have the best day
Michael   

[Robert]

I would go after them also.  Of course, though, timing is everything. Just how long ago did this disclosure thing happen?  They could say the "disclosure" happened so long ago and that the "seperation" had nothing to do with it. 

I know just recently the Supreme Court ruled that when it comes to pay differences due to discrimination you only have 180 days to make thet claim.  I know that has to do with money, but knowing how business thinks, I'm sure employers will try to apply it to any sort of discrimination.  In fact, due to that decision, it wouldn't surprise me at all if your employer realized it's been 6 months since all this happened so they decided to fire you so, in case you do decide to come after them, they can fall back on this new law.

Good luck.

robert

(whose really, really glad he out of the work force)

[Cliff]

As someone who recently left a Big 4 firm, I have seen how gossip and back-stabbing can ruin someone's career.  Speak to an attorney and see if you have a legitimate case.  The Big 4 is good at protecting themselves, but they are not above the law.  It just depends on whether you believe you want to spend the energy and time taking them to court.  Or just move on and be grateful that you are now done with that firm.

[Oceanbeach]

Hey Glen,

I used this site before when feeling discriminated against in the job market.  Can't remember if it was my healthcare provider who used my medical records against me or the City opf Napa but... you can find attys by state, city, field of law, etc, etc.  Try this link www.findlaw.com.  Prior to HIV, I used to date only lawyers and I know every joke ever told but when looking for an attorney... find one who spends at least 75% of his/her time in court.  Have the best day
Michael

[RapidRod]

Glen, you're outta there. Don't waste your money. All it will do is end up in the news paper for more people to read about something you didn't want full disclosure of to begin with. All that was done was a violation of your trust for someone. It's not a HIPAA violation.

[northernguy]

Sorry, a naive Canuck here - what's the Big 4?

[emeraldize]

Glen
In case he doesn't see it, I suggest you send a PM to wishihadacat, forum member, and alert him to your post. This may result in a reply as well.
Em

[MitchMiller]

I believe RapidRod is correct.  I was told at an AIDS legal seminar to NEVER disclose to ANYONE I worked with.  If I did, I would very likely not be able to sue if there was a HIPAA violation because I would have to prove that person didn't just blab it around the office. 
At the co. I work for, I'm 99% sure the corporate HR person (on the west coast) blabbed my status to my local HR rep (I'm on the east coast), who then told my boss.  We're self-insured and insurance claims are processed out of the west coast corporate HQ... so that's how the west coast HR rep learned my status.  I also could have sworn I overheard one of my coworker's telling another employee about my status, saying he had been told by my local HR rep.  None of them has ever confronted me because they all know I've NEVER disclosed to anyone and won't unless I become disabled.... so this is all a major HIPAA violation.  However, to really have a legal case, you usually have to prove the violation harmed you in some way (usually by losing your job or being demoted).  I have experienced neither and am just keeping my mouth shut and pretending nobody knows. 

[md]

Sorry, a naive Canuck here - what's the Big 4?

The "Big 4" accounting firms are all that is left of what used to be the "Big 8" ...

See http://en.wikipedia.org/wiki/Big_Four_auditors for details ...

[J.R.E.]

Hello Glen,

Sorry to hear about what has happened to you in the workplace. I am not sure what course of action you can take, if any. You had informed, what you believed to have been a trusted co-worker, with your medical information.

There is absolutely no way, that I would tell a co-worker this information. My personal health information is exactly that ...Mine and personal. There are very strict HIPAA rules in effect, once you tell a co-worker, you can be assured the jaws are going to flap !! I hear the rumors in my place of employment, from everyone having hemorrhoids removed to to two people currently having cancer treatments. And I heard this through, other employees, not the management staff.

Once again  ( my thoughts)  I would only disclose in the workplace, if for some reason I needed a given amount of time off through the Family Emergency Medical Leave Act, in which case this is discussed with confidence through the Human Resources Department.

If I was deciding to leave employment permanently because of health issues, then I would be discussing this once again with Human resources only,for the purposes of converting my health insurance to 18 months of Cobra.

I hope things work out for you, you still may want to contact an attorney, and see if there is any action that can be taken.... But for all others reading this, I urge you to think seriously, before disclosing in the workplace. Its none of their damn business, and you can be certain news will travel.



Good luck, hope things work out for you-- take care of yourself-----Ray

 

[Mike2008]

Glen,

Sometimes it is not the snake bite that kills you, but chasing the snake around the room in vain that spreads the poison throughout your body (or life).

[Tempeboy]

Hey Glen,

This person sounds like a witch!, that being said, your well being is the most important issue.  So whatever your decision and/or action,  you might feel better with some support from your local advocacy organisation.

http://www.thebody.com/index/hotlines/other.html

all the best

[Iggy]

Glen - don't take anyone's advice here as to whether it is worth or not worth pursuing this in litigation - there isn't a person here who has the right to answer that for you.

What you need to do is decide for yourself if you are going to be able to let it go.  Frankly you were wronged and as long as people don't challenge corporations when they do such things then there is no impetus for them to change.  Yet that is much easier for me to write than for you to actually experience.

I think you do need to talk to someone though and I think it is worth having a conversation with a lawyer who can give you the full and no holds barred details of what you would go through if you did pursue this - and make no mistakes - it would be exhausting and your anonymity as far as HIV status would be compromised if not outright gone.

But I don't think the answer is to just say it is not worth it and walk away simply because it is obviously bothering you (as it should) and walking away is not going to help you deal with it.  Is litigation the answer?  I dunno know....but you definitely have to do something with this if only so that it doesn't always haunt you.

[RapidRod]

Iggy, Glenn wasn't slandered or liabled in anyway. The facts are he told someone and they didn't keep his secret. No untruths were told. So what would you have to file a suit on?

[Iggy]

Iggy, Glenn wasn't slandered or liabled in anyway. The facts are he told someone and they didn't keep his secret. No untruths were told. So what would you have to file a suit on?

Who was talking about slander or libel?

He revealed his status to a coworker.  She unethically revealed it to an entire team.  He complained to HR and all were reprimanded and then:

Since then, I have been reprimanded for speaking up when I felt something was inappropriate or unethical, and finally last week was "separated" from the company because I hung up on one of those team members who was being rude, as well as my immediate supervisor for not showing support, or listening to my side of the story.

You don't think it was weird that he was "separated" for hanging up on someone and arguing with his manager, but the manager who revealed his HIV status to a whole team was only (no matter how severely) reprimanded?  I also find it weird that they wouldn't reveal to him the reason why his status was disclosed to others.

It reads to me that Glen is feeling that he was being punished or ostracized by coworkers and the company in general following the complaints he made to HR about the revealing of his status.  If this is the case he may indeed have a case here as workplaces (particularly large corporates) are suppose to protect workers from harassment and retribution for speaking up about their concerns. 

The point however was that none of us have the full details nor are any of us in a place to say if it is worth his while.  You may be right that he has no case and you may be also be wrong - but it's not really for you (or me) to say if it's worth dropping or not.  I think a consultation with a lawyer as well as something like the ACLU or an ASO is worthwhile for him.  It doesn't mean he should pursue it, but it does mean he is doing something with his feelings of impotence and frustration about the whole affair. 

[DavidinCA92284]

It's about company policy.   I use to work at a Fortune 500 and the company was so politically correct that in their corporate literature, there were guidelines as to what could be discussed concerning medical issues.  For instance, any medical condition was considered confidential and private, only between the two people it was discussed between.   Permission had to obtained from the person with the condition in order for others to be 'informed'.

This matter concerns company policy.  Also, it depends upon 'why' the medical info was released to others.   If it was done in a staff meeting, without your permission, that's a no-no.  If it was done in private, behind closed doors in 1-on-1 sessions with co-workers, that's talking behind someone's back and also a no-no.  Either way, it's wrong without your permission.  Disclosing private medical information without consent can be considered a crime, especially if done with the intent to 'hurt' someone's reputation or to create a hostile work enviornment.

The way I handled my HIV status was tricky.  I admitted I had a life-threatening medical condition, but didn't state what it was - except to HR.  I didn't want to be perceived as 'different' by saying my exact condition to co-workers.   But, by admitting to HR my exact condition, was able to utilize the American's with Disability Act and obtain additional benefits - like trying to work from home a few days a week.   By not completely giving out the medical condition to co-workers, it kept them guessing.  Actually, keeping them guessing is much better than telling exactly what the condition is because then you are in control, rather than letting the cat out of the box and not having any leverage.   But, this doesn't stop an HR person from being unethical and discussing status with your manager.......but, if that happened and the manager had a loose tongue, she or he would be fired......at least at the company I worked at.

[dtwpuck]

My understanding is the law typically is stated as follows:

Employers are required to keep medical information which identifies and employee by his/her medical condition private. 

I do not know whether this is a federal law or whether it varies from state to state.  I do not know how this applies in your case, but I believe the most appropriate form of action here would be to consult an attorney.

I don't think anyone here would argue that what happened to you was in any way the result of ethical behavior.  I am terribly sorry that this happened to you.