Legal Question in Disability Law in Indiana

Cancer Diagnosis

I was diagnosed with breast cancer and I rec'd a phone call from my doctor while I was at work. I notified my manager who asked me did I want to go home and to contact HR to inquire about Short Term Disability. HR suggested that I wait until I receive direction from my doctor regarding treatment. I advised my supervisor of this and went home. I advised that I would be in the next day. A co-worker contacted me the next day and advised me that I was placed on Leave of Absence so I did not come to work that day. I did however come to work the next working day to find out that my job responsibilites had been given to someone else. I also found out that everyone new my medical condition without my giving permission for this information to be released. What can I do? I did not authorize anyone to place me on leave based on me receiving a diagnosis. I also do not appreciate my job being given to someone else. Lastly I think it is wrong that everyone knows what my illness is. Please advise what I need to do in this situation.


Asked on 12/27/06, 3:43 pm

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: Cancer Diagnosis

Your legal rights depend upon the size of your employer. You may have protection under the FMLA or the ADA if your employer is large enough. In addition, the disclosure of your medical condition may also violate the ADA, HIPAA and other state laws. You should contact an attorney for a formal consultation for your specific situation to ascertain whether you are entitled to protection under these laws. If you would like, I can be contacted at [email protected].

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Answered on 12/27/06, 3:50 pm


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