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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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