[ackisback50]

A manager sent out an email to all other managers in the district about an associate having cancer and all about the procedure she was about to go through. She did not give permission to disclose this information. Now this associate feels her career has been tainted with this company and has been going through mental distress due to this. What is the consequences for this violation and should she take legal action?

[smoothy]

What legal action? HIPPA doesn't apply in this case... that is only between a patient and the medical facility.

They didn't need permission once its revealed to a third party.

What right of privacy are you referring to anyway?

[Fr_Chuck]

What right was violated? Poor management perhaps.

If and when she is not given a promotion or her career is actually effected, she may have a discrimination law suit if this illness will fall under a disability as covered by law.

The employee may have broken a company rule for privacy and can be issued a warning perhaps.

I am sorry this happened but you are assuming for too much protection that does not exist

[ackisback50]

What legal action? HIPPA doesn't apply in this case....that is only beween a patient and the medical facility.

They didn't need permission once its revealed to a third party.

What right of privacy are you refering to anyway?

So what about privacy laws? Aren't they there to protect people?

[smoothy]

So what about privacy laws? Aren't they there to protect people?

Not in this case... they are very specific as to when and where and to what they apply. This isn't such a case.

You are assuming you have such a universal protection when 99% of the time there is no such protection.

[ScottGem]

So what about privacy laws? Aren't they there to protect people?

What privacy laws? Almost every privacy law on the books prevents government agencies from revealing info they collect on individuals in the course of their activities. So that does not apply here.

The question is how did they obtain the information. That could have a bearing.

Otherwise, while this poor management it was not illegal. I would, however, talk to HR, this manager should have some sensitivity training.

[joypulv]

The email went out to the people concerned with her ability to perform her job.

The company is liable for each employee's use of equipment, for their ability to navigate stairs and restrooms and doors and elevators, for their interactions with other employees (if contagious, or prone to dizzy spells, or on medication with side effects), and even for their danger to others if the condition is psychiatric or is an addiction to drugs. And that doesn't even begin to cover the aspects of the job that entail interaction with clients, and the job of managers to cover the employee when out for treatments or not feeling well. In other words, this is a JOB, the employee is expected to be able to do the job, and 'privacy' just doesn't apply.
As for disability, that is something that has no inherit rights unless the person was hired as a disabled person, or the company has policy regarding finding a different position for those who become disabled, or a union contract is involved that covers it.