Managers Required To Maintain Confidentiality Under ADA

(Published June 15, 2008)

 

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription. 

 

It's important to keep confidential any medical information you learn about an employee.  If you don't, you run the risk of violating the employee's rights under the Americans with Disabilities Act (ADA). When evaluating who has a legitimate need to know the information, err on the side of caution.

 

Employee Is Tight-Lipped

"Would it be okay if I worked four extended-hour days instead of my regular five-day schedule?" asked Kenny Dugan.  "I need an accommodation for my medical condition."

 

Plant manager Bert Zimmer looked annoyed.  "Kenny, I don't understand why you're not having this conversation with Edith.  After all, she's your direct supervisor."

 

"Edith loves to gossip, and I really need this to be kept confidential."

 

The employee hesitated, but then added, "I've been diagnosed with HIV and need a modified schedule in order to participate in an ongoing clinical trial at a nearby medical center."

 

Plant Manager Has Loose Lips

A few weeks after Dugan's accommodation request was approved, Zimmer called him into his office.

 

"Listen, Kenny, you've placed me in a very uncomfortable position.  Edith has been giving me a hard time for not telling her the specific reason you're being accommodated with this special four-day schedule," Zimmer said.

 

"I don't want her to know about my HIV status," Dugan reiterated.

 

"But Edith is your supervisor, and I think she should know why one of her own employees is receiving special treatment."

 

Despite Dugan's continued objections, Zimmer eventually revealed the employee's HIV status to Edith Krupp.

 

"This information is confidential, and you could lose your job if you disclose it to anyone," Zimmer stated plainly.

 

"I understand," Krupp responded.

 

Supervisor Has Even Looser Lips

Within a month, several of Dugan's co-workers tentatively approached him to tell him how sorry they were about his HIV diagnosis.  Dugan complained to HR.  After confirming that Krupp had violated Dugan's confidentiality, the company fired her.

 

Dugan, however, was deeply upset that his HIV status had become workplace gossip, and he took a leave of absence to deal with his ensuing depression.  He also filed an ADA lawsuit based on a violation of his confidentiality rights.  A court sent the case to trial.

 

Shut Those ADA Traps

Krupp's mistake was obvious: She revealed private medical information to those who did not have a legitimate need to know.  Zimmer's mistake was not as obvious because he thought that Krupp, as Dugan's supervisor, had a legitimate need to know.  She did not.  She only needed to know that Dugan had a medical condition, that he requested an accommodation, and that the employer had approved it.  She did not need to know specific details of his condition.

 

According to the EEOC, the basic rule of confidentiality under the ADA is this: With limited exceptions, employers must keep confidential any medical information learned about an applicant or employee.  Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional.  An employee's request for a reasonable accommodation would be considered medical information subject to the ADA's confidentiality requirements. 

 

One exception to the general confidentiality rule is disclosure to supervisors and managers who need medical information in order to provide a reasonable accommodation or to meet an employee's work restrictions.  This exception did not apply to Zimmer's revelation to Krupp because Krupp did not play a part in making the accommodation decision.

 

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