HR called me into the office last week, to inform me that emails detailing my conditions and possible leave were "dispersed" and they "got back what they could". They showed me what had gotten our, or all they say got out. I don't want to sue, or file a complaint, because this company gets very nasty with lawsuits and complaints, but I do want some sort of acknowledgement that this happened in case something does come of it.
Employee health information isn't generally protected by HIPAA, but it may still be subject to privacy protections under the ADA, FMLA, OSHA, and common law (ie, tort of invasion of privacy). At least one district court (in DC) has held that an employee may sue his/her employer if the contents of his/her medical certification under the FMLA are disclosed to his coworkers.
I realize that you don't currently want to pursue litigation, but you may nonetheless want to speak with an attorney about your options moving forward, just so you are fully apprised of your rights. In addition, you may also report the employer's violation to BOLI (and, if they retaliate against you for reporting it, that too is an unlawful employment practice).
Best of luck.
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