If my boss discussed my medical with other employees, was that legal?

UPDATED: Oct 1, 2022

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If my boss discussed my medical with other employees, was that legal?

An employee from another department asked an employee from my department to ask our boss, the CEO, why I was still employed and not let go. He told her that it’s because he was afraid that I would try to kill myself. Then that employee went and told the other employee, who then told her department. This all came about because I had broken my leg and was out of work for 2 weeks.

Asked on May 17, 2019 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They cannot disclose anything you provided to them which is not public knowledge or easily determinable by anyone observing you, and which is not speculation; so if you had provide material from a doctor when seeking a medical leave or reasonable accomodation, that cannot be disclosed. But anything they are aware of which is public knowledge or publically discernable--they can disclose, like that your leg is broken; that is not confidential, since it obvoius to anyone and is not privileged medical knowledge. And while they could not disclose a therapists evaluation of your mental state, if such were disclosed to them, they could speculate about it (e.g. that you  might kill yourself if you lost your job), the same way anyone may speculate about another's mental state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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