Is my supervisor allowed to disclose my personal medical information with regular staff members?

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Is my supervisor allowed to disclose my personal medical information with regular staff members?

I am on the FMLA this week. I have been in the hospital diagnoed with kidney failure and have been informed that my supervisor has been telling regular staff members which do not need to know my medical information such as my diagnosis and condition.

Asked on June 22, 2015 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, he should not do this--private employee information should not be shared with anyone without a legitimate "need to know." On the other hand, there's no really anything you can do about this as a practical matter (other than report him to HR or to his supervisors, who may take action), since the law only provides remedies for actual costs, losses, damages, etc.--and not for improper disclosure that does not injure you. Unless the disclosure has caused you to lose some job, some opportunity, some benefit, to be excluded from some position or activity, you have not suffered a loss for which the law provides compensation.


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