Jul 10, 2003
my hiv status was broken by an employer to other employees.i live in FLA is this a law violation.i am actively pursuing a suit .is there any grounds?THANK YOU
| Response from Ms. Breuer
Yes. Now a question for you: why did you disclose to your employer in the first place? Breach of confidentiality at work is possible only if you've already told your employer. THe best protection is not telling your employer. Please remember that for next time.
Suing is one course of action. You must have five years and several thousand dollars you don't know what to do with. Better: have a lawyer send a firm letter to the employer advising the employer that he/she is in violation of HIPAA, among other laws, and giving the employer a choice: educate all managers/supervisors about HIV in the workplace, or have a HIPAA claim filed against him/her. The penalty can be $250,000.
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