Jordan has just graduated and has started a new job as an investment banker. After her conditional offer of employment, she took a company required medical exam and then when she applied for company life insurance coverage, she was required to take a

Question

second medical exam. Although she is currently an avid cyclist and very healthy, in the past she had experienced certain problems. In her freshman year, she suffered through a problem pregnancy and a resultant still birth. As a result, she underwent an involuntary hysterectomy to save her life. She was devastated that at 19 years old she would never be able to have a child and suffered from depression. She underwent intensive psychological counselingfor six months and is currently very well adjusted and other than some regret, she has accepted her fate. Both her demeanor and appearance are both normal and fit. She is however,a very private person and is concerned that her personal information could become public. What would you tell her about the laws that protect her?

Answer 1

Neither her mental orphysical condition is a disability, nor is the consequence of her prior surgery pertinent to her job or her ability to do her job. The information is therefore both personal and private. Besides the common law tort protections afforded under Intrusion upon Seclusion, Intentional Infliction of Emotional Distress and Public Disclosure of Private Facts, there are a number of statutes that require her employer to safeguard and keep her medical information private and confidential. These include:
• The ADA requires that employers keep information regarding an employee's medical condition or history in a location apart from other personnel records and treat the information as a confidential medical record.
• HIPPA requires that information obtained from the insurance company be only disclosed only for very limited purposes directly related to her employment. Since neither her prior surgery nor her past depression haveany application to fulfilling her responsibilities as an investment banker, there would be no reason to use or make public her personal and private information.
Working as an investment banker does not involve particular workplace hazards that
would trigger OSHA concerns nor are there work related circumstances that would
mandate disclosure to managers, supervisors or fellow workers. Her hysterectomy
provides no threat to her nor to fellow employees or customers and her prior depression is
likewise a past circumstance with no current effect.
CHAPTER 20
DOWNSIZING, UNEMPLOYMENT INSURANCE, AND OTHER POSTTERMINATION ISSUES

MULTIPLE CHOICE QUESTIONS