Discrimination Found With Regard to Release of Medical Information.
Complainant was formerly employed by the Agency. During his employment, he sustained a back injury, and a sinus/respiratory injury. He was given multiple limited duty assignments, and was subsequently told to stop working by his physician. After Complainant left the Agency, the Agency received a subpoena in connection with a civil action Complainant had filed. The subpoena asked for Complainant’s payroll and personnel information, including his medical records. An Agency Human Resources Associate responded to the subpoena, and included correspondence between Complainant’s physician and the Agency regarding his medical diagnosis and work restrictions. Complainant ultimately filed a formal complaint with regard to the release of his medical records. On appeal, the Commission found that the Agency violated the Rehabilitation Act when it improperly transmitted Complainant’s confidential medical information. The Commission noted that there are limited exceptions to the confidentiality requirement for medical information, and those do not include a request for an employee’s medical records pursuant to a subpoena in a civil action. In addition, although not all medically-related information falls within the confidentiality provision, documentation concerning an individual’s diagnosis must be treated as confidential except in the limited circumstances described in the EEOC Regulations. The Commission stated that the Agency’s own regulations indicate that circumstances exist where the Agency’s General Counsel may refuse to authorize the production of records in response to a subpoena. In addition, the Commission rejected the Agency’s arguments that there were no provisions to notify Complainant of the disclosure, and that the Human Resources Associate was acting within the scope of her duties, stating that neither of those factors excused the Agency from liability. The Agency was ordered, among other things, to investigate Complainant’s claim for compensatory damages. Bennett v. U.S. Postal Serv., EEOC Appeal No. 0120073097 (January 11, 2011), request for reconsideration denied EEOC Request No. 0520110302 (April 29, 2011).
