The COVID-19 pandemic brought issues involving the medical records and history of employees to the forefront of nearly every workplace in California. But even prior to the pandemic, there were protections in place as it related to the use and disclosure of an employee’s medical history and records. And while there are certain instances where an employer would need to know and use an employee’s medical records, this can be some of the most highly-sensitive information in a person’s life. As such, it should be treated with the utmost confidentiality.
Maison Law understands how sensitive this information can be, and proudly stands up for the privacy rights of California employees. While it is indeed a complicated landscape, both legally and medically, every employee deserves protection from their employer obtaining and disclosing their medical history.
Why Does An Employer Need Access to Employee’s Medical Records and History?
Generally speaking, there are typically four scenarios where an employer would need access to and require the sharing of an employee’s medical information:
- When the medical records and history is necessary to provide reasonable accommodations for the employee.
- In the event that the employee would need emergency medical treatment.
- During the course of a federal or state workplace investigation.
- During the course of an insurance or worker’s compensation claim.
In all of these scenarios, it’s important to understand that the disclosure of the information should only go as far as authorized personnel (doctors, hospitals, pharmacies, etc.), managers, and supervisors.
Because this information is both sensitive and retained on a “need-to-know” basis, there are both state and federal laws that require employers keep medical information obtained about employees separate from the employee’s personnel file and kept confidential. As a means of providing understanding, these records usually include the following:
- Results from medical exams
- Disability benefits claim forms
- Doctor’s notes
- Requests for leave under the Family and Medical Leave Act (FMLA)
- Requests for disability accommodations
- Worker’s compensation history, claims and related documents
- Fitness-for-duty results
- Results from functional capacity assessments
- Documents relating to the employee’s participation in the company’s employee assistance program
- Drug/alcohol test results
- Reimbursement requests for medical expenses
- Medical information about an employee’s family members
- Any other documentation relating to the employee’s past or present medical condition or disability.
Not surprisingly, because medical information is sensitive and can have a great impact on an employee’s ability to function at work, there are several laws in place that protect their privacy.
California Law and Medical Privacy Protection
Most people are familiar with HIPPA, the Health Insurance Portability and Accountability Act of 1996. HIPPA is the federal law that addresses the disclosure of health information, and while it is assumed that HIPPA prohibits the disclosure of a person’s medical condition or history, it actually only applies to employee health insurance plans.
Thus, when it comes to California law, any medical information and records relating to employees are protected under the Confidentiality of Medical Information Act (CMIA). Under the CMIA, the following information is protected from disclosure:
- Medical treatment history
- History of medical conditions and mental health conditions and disabilities
- Treatment history of ailments, including sexually transmitted diseases and sexual assaults
Further, CMIA prohibits healthcare providers from disclosing medical information to an employer unless authorized by any of the following:
- Court of law
- Law enforcement or health agency
- Associated governmental entities
Violations of this law carry stiff penalties for employers, and can also lead to discrimination lawsuits. In order to determine what claims an employee may have and how to best approach them, they can consult the team of experienced employment lawyers at Maison Law.
Legal Recourse for California Employees
Generally, a civil lawsuit is the preferred method of recovering damages in the event that an employee’s privacy rights are violated. This can occur when an employer violates the CMIA, but can also lead to claims of discrimination and retaliation under the California Fair Employment and Housing Act (FEHA). Because an employee’s medical information should be kept confidential, especially if it confirms that they have a serious medical condition or disability, if the employer fails in that standard of confidentiality, they will be liable for damages. In a lawsuit, employees can attempt to recover the following damages:
- Lost wages and back pay
- Reinstatement to their previous position, if wrongfully terminated
- Emotional distress damages
- Damages related to pain and suffering and mental anguish
- Attorneys fees and court costs (up to $1,000)
In addition to these damages, employers found in violation of the CMIA will be fined $2,500 per violation.
Leading California Medical Information Privacy and Employment Lawyers
When an employee’s medical information privacy rights have been violated, they need the counsel of experienced, skillful California employment lawyers. To get started with a free initial consultation, contact their office right away.
