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Permalink Reply by dickengel on April 18, 2011 at 5:18pm

no I think you are wrong even the ada sight mentions how information was found out as to weather it is protected info or not. If it was in the general course of employment - perhaps in a casual conversation, it may or may not be protected. Hippa requires oganizations that handle medical records and most employers dont directly handle the records - so I do believe (but could be wrong) that it may or may not be protected Info. Regardless in this case does it matter? She got the job - Congrats!!

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Permalink Reply by SF Pete on April 18, 2011 at 6:46pm

No, she's right. Employers have all kinds of personal medical information within their control. If you have a benefits department, they know what's up with you. Unless you give express WRITTEN consent to disclosure of your medical information, in the position of employer/manager/direct report he had an obligation to not disclose any personal medical information. How he knows is not important, as I said before.

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Permalink Reply by Gerri on April 18, 2011 at 5:22pm

Lynne,

Thanks for sharing your knowledge & expertise as an HR executive. Everything you've written clearly shows Emily's right to confidentiality was violated. Thanks also for your patience:)

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Permalink Reply by Gerri on April 18, 2011 at 8:50pm

Good to have experts willing to set the record straight. Hugs back.

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Permalink Reply by Anthony on April 18, 2011 at 7:29pm

The following link to a "fact sheet" is provided by the United States Equal Employment Opportunity Commission (EEOC). In summary, the EEOC states:

"Although not everyone who has diabetes has a disability as defined by the ADA, it is in the employer's best interest to try to work with employees who have diabetes, or are at risk for the disease, to help improve productivity, decrease absenteeism, and generally promote healthier lifestyles. Employers also should avoid policies or practices that categorically exclude people with diabetes from certain jobs and, instead, should assess each applicant's and employee's ability to perform a particular job with or without reasonable accommodation."

Disclaimer: The following link is provided for informational purposes only. It is not to be construed as legal advice. If you have questions, please consult with an attorney or legal professional in your state,

Source: http://www.eeoc.gov/facts/diabetes.html

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Permalink Reply by Sandy Palmer on April 19, 2011 at 5:46am

I don't think he had any right to do this and stepped over the line. However if you still got the new job I would let it go with the email that you sent for the explanation. I personally like people around me knowing I am diabetic b/c of potential help needed. I never disclose it at an interview but after the probation time I typically try to let them see my pump and act like nothing has ever happened. When they ask I just tell them like it's nothing and never act like I tried to hide it. :) Hope you like your new job.

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Permalink Reply by john stewart on April 22, 2011 at 7:48am

I would be Peed off about this,I told my store manger and supervisor about my diabetes,My supervisor has it to and there is a few of us in the store,it is a evasion of privacy,go to the department of labor,or human rights tribunal,

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Permalink Reply by Peter Schroebel on April 22, 2011 at 9:59am

Not being funny here but, I like people to know that I am a T1 as it could save my life. So if in-fact you go low at work, they won't think that you are drunk or crazy but rather have glucose tabs on hand. It could also be looked upon as a safety issue and the isn't private or protected. Nothing to be ashamed of or worried about. If they had not hired you, you could have went in there with 40 cans of spray paint and decorated the place and then blamed on a low sugar state and the doctors would back you up. Don't get any ideas now ;-)

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