Privacy Issues in the Workplace

disclosed some information to her employer, the plaintiff brought suit alleging a violation of the CMIA.

Both the trial and appellate court found no violation of the CMIA as the patient’s rash and itching were plainly visible. Moreover, she had discussed her condition, along with job-related stress, to co-workers, thereby waiving her right to sue for a violation of the CMIA. In addition, an employer that receives a document from a medical doctor purporting to contain a medical excuse for failure to appear at work may verify its contents with the physician whose name appears on it without either party violating the CMIA. A health care provider is statutorily permitted to discuss “a general description of the reasons for treatment, the general nature of the injury or condition, [and] the general condition of the patient,” as this doctor did. This plaintiff failed to provide a specific, written request to the health care provider to prevent release of information. Pettus v. Cole 258 Plaintiff was required to submit to a medical examination by an employer- selected doctor in order to receive short-term disability for stress. The initial doctor referred the plaintiff to a psychiatrist, who after suspecting alcohol abuse, then referred plaintiff to a third doctor who specialized in chemical dependency. Both subsequent doctors failed to obtain written authorization from the employee to disclose information to his employer. Nonetheless, both psychiatrists provided detailed written and oral reports to his employer. Both doctors disclosed details about the employee’s work and family history, his drinking habits, his problems at work, his violent thoughts towards a co-worker, and his current psychiatric symptoms. Both doctors also told the supervisor that they thought the employee was using alcohol “adversely.” Based on the above information, the employer directed the employee to enroll in a 30-day inpatient alcohol treatment program, and when the employee refused, his employment was terminated. The employee brought suit alleging a violation of CMIA and invasion of right to privacy. The court found for the employee against both the physicians and employer. A physician may only disclose the functional limitations of the employee. The employer also violated the CMIA by acting on the improperly obtained medical information. The physicians and employer also invaded the employee’s reasonable expectation of privacy, without a compelling interest to justify such intrusion. Shaddox v. Bertani 259 A dentist reported suspected prescription drug abuse by a police officer to the officer's employer. The dentist had originally prescribed Vicodin following the removal of the officer’s wisdom teeth. Months later, the officer became irate after the dentist refused to renew the prescription. The dentist reported the behavior to the police department, which initiated an investigation and

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