Announcement

Collapse
No announcement yet.

confidentiality and privacy question Washington

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • confidentiality and privacy question Washington

    Hello, my manager knew that i had a certain disease that spreads only blood to blood the evening before.

    I came to work the following morning, I set up the place for the day and asked if I could go to the pharmacy (for my back) but my manager and owner didn't ask why. Within the 10 minutes that i was gone, the manager calls me and says its best not to come in the store at all, just go home and he'll explain later. I said I needed my i Pod and it went as far as I had to take it out of the seat of his car.

    So I take it, start going home, and my owner runs out of the store and with a raised voice and commanding attitude yells out (in the parking lot outside) "When did you find out you had ____ ? It will shut the whole store down!"

    I found out later that she was literally saying things like "She cant even set her foot in the store, the whole place is contaminated" after I already told her that the doctor knows I have it, and it's okay for me to work there.

    Later she drove me home, but demanded that I call the doctor right in front of her. I tried two times, didnt get through, so I said that Ill give her a note on Monday. She said (very commanding) "No! I want you to call them when you're in the car with me" We were already parked in front of my apartments!

    So who do I complain to, what can happen, and what do you think?

    Thank you for reading... I need help

  • #2
    How did she find out that you had this condition?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      When I went to the pharmacy, she asked the manager why I was going. He wasn't sure, so he just said "Not sure, probably something for ____"

      Then she went ballastic and made me feel like a parasite by saying "I dont want her even in the door! She can't be here!"

      Comment


      • #4
        Okay. And the manager found out how?

        I'm not being obstructionist. It is important to what, if any, recourse you have that we find out EXACTLY how the knowledge of your condition entered your workplace.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Further, we need to know if your disease is AIDS.

          AIDS/HIV is the only "sure thing" for ADA. You may have a case there.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            Also, just to cover all bases, how many employees does your employer have - at least eight? (state of Washington)
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Right, sorry. I actually told him because I felt like I needed to let him know, and at the same time I was feeling pretty scared and needing to talk to someone. We have difficulties with scheduling and we had a lot of crazyness on that day that made everyone frustrated and added onto my stress.

              Why is it important how he found out?

              Comment


              • #8
                And yes, we have more than 8. About 20 total I would say.

                Also, no it is not AIDS. It does not have a cure however, and the way to spread it is pretty much exactly the same. I don't know if I should say what it is, I mean I am fighting for privacy and confidentiality - then again, I just have a username here...

                Comment


                • #9
                  I might just mention that hepatitis C is a protected "category" from discrimination in the state of Washington.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Well that's a good thing to know. Protected meaning if this kind of thing happens it is considered discrimination?

                    Comment


                    • #11
                      Originally posted by aliceinchains View Post
                      Well that's a good thing to know. Protected meaning if this kind of thing happens it is considered discrimination?
                      Exactly correct.
                      Not everything that makes you mad, sad or uncomfortable is legally actionable.

                      I am not now nor ever was an attorney.

                      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                      Comment


                      • #12
                        The reason it is important to know how he found out is that it makes a difference whether HIPAA applies. Since you told the manager yourself, HIPAA does not apply and the fact of your condition is not considered protected; i.e., you have no right of privacy.

                        That is a separate issue from any discrimination issues.

                        Will your doctor provide verification that you are not contagious? That might be all that is needed.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          I'm working there again because some administration told them that it was okay for me to work around food.

                          I just want to teach her a lesson because she's been doing stuff like that all the time, disrespecting people, and I though I might have something from this situation...

                          Are you sure there is nothing I can do?

                          Comment


                          • #14
                            Also, are you sure that I screwed up by telling my manager? I told him because I felt I needed to. I thought I might have to go to treatments, so explaining it all in the beginning would have been better because of scheduling...

                            Comment


                            • #15
                              Not legally, no. "Teaching her a lesson" is vengeful without a result. How about just talking to her and asking her if she would keep anything about your medical condition that she knows or thinks she knows to herself, as it is no one else's business.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

                              Working...
                              X