The question has a medical connotation to it, they had no right to ask it under HPAA laws. They just handed her a big payday.
Pregnancy is not a medical condition or disease.
"The Privacy Rule does not protect your employment records, even if the information in those records is health-related. Generally, the Privacy Rule also does not apply to the actions of an employer, including the actions of a manager in your workplace."
"The Privacy Rule does not prevent your supervisor, human resources worker or others from asking you for a doctor’s note or other information about your health if your employer needs the information to administer sick leave, workers’ compensation, wellness programs, or health insurance."
http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/employers.html
This will be an interesting case to follow......
Wrong. She revealed it. On top of that the birth of the baby also revealed it. HIPPA does not apply in this case.
It’s a discrimination suit. Here’s what her blood sucking attorney had to say about the suit:
“If they’re going to single her out because she conceived prior to marriage, but allow people to remain employed who conceived during a marriage, isn’t that discriminating against her based on her marital status?” asked Gay, according to MyFoxOrlando.com.
She will lose.
Not really. The maximum penalty under HIPAA is $10,000 per unauthorized disclosure. Federal courts tend not to place much stock in "pain and suffering."
Not real up on HPPA, but doesn’t it deal with info from health care providers and not individual patients directly giving the info? I’d hate to think that asking someone if they are feeling ok, and eliciting a response resulting in liability.