One of my friends is a lawyer, and I am not totally unfamiliar with legal proceedings from my job evaluating bodily injury claims. He used to do “employement law” and found it frustrating to work hard on cases that simply were not worth a lot of money and were not very satisfying in that, in the end, the employers and their attorneys were pretty ambivalent about the consequences of having been “caught”. Now he works for the SEC and seems to like that quite a bit more? I totally agree with suing someone who rescinded an offer b/c of T1 though. I would do it in a minute.
I think there are laws against things like that…You need to look into that legally and see if you can report that if nothing more…I think that is a aweful thing for your old boss to do!!! You can be discriminated against for something like that and the thing is yes we have our good and bad days but it also depends on the environment and type of work that could effect our BG. Maybe your BG is better under controlled now than it was before. He had no right to link your job proformance to your condition. I am upset for you!!!
It’s definitely NOT lawsuit time AFAICT. No actual damages to you, right?
I’m guessing that what your old boss said, may have overall helped you land the new job, even if he mentioned something you maybe didn’t want him to.
At large sized companies there is often a very strict policy that the company will never do more than verify your title and dates of employment. If your old boss went further (guessing… not a big company) he probably did so to help you land your new job. He probably did step beyond the appropriate line by revealing a medical condition but it doesn’t seem to have hurt you.
Background: I lost my first job 30 years ago when I was diagnosed with T1. Now I was just a teenager and it was a summer job, but still, getting summarily fired for no reason other than being diabetic didn’t make me happy. All that said, the world has moved on, the stigma that was so obvious 30 years ago still lingers in some places but really it’s just not a big deal anymore to most “modern and enlightened” people.
I may be off in my response , having been away from the employment scene for years , so forgive if you feel that way .
But what excactly did the old boss say to the now new boss ?? …Do you know ? Something like this ??: " I am realy happy for Emily , that you consider hireing her ; she has been an excellent employee ,while in my employment , regardless of her having to deal with diabetes . We will miss her here " .
Enjoy the new job !
PS I have always let my employers know, that I am a PWD …no regrets ; some folks don’t …
it may be illegal to mention health problems from employer to employer, but in my opinion, it is of upmost importance to inform a possible employer that I am a diabetic not to cause a problem but so they know what to do if a problem ever did happen. it would seem to me if you are a responsible diabetic you want everyone to know what to do if you ever missed a low regardless of invasion of privacy. your job qualifications got you the job but telling people about diabetes is just good preventative maintenance and if you didn’t get the job it is the potential employers loss.
being from my current understanding as long as the employer isn’t speaking to any one in the company i don’t see how it falls under those guidelines…
considering it is a former employee at this point.
while it is bad form on the previous and current managers maybe knowing like the walmart pharmacy person if you need certain breaks during the day and some jobs may not neccsarrily accomodate well is why the info was divulged now also while asking for a reference the previous employer can say what he/her chooses without slander which i don’t think happened, but again nothing stops one from volunteering too much information to someone whom doesn’t work for them…
i don’t understand the need to hide one’s disease especially if i am open and upfront about it, it makes it harder for the company to discriminate because that card can always be played, if you don’t make anyone aware how do you expect accomdations???
There is reason why medical conditions is not asked on job applications it can be used against you. Not everyone can intelligently make decisions like someone may be a qualified canidate despite having diabetes. With all the misunderstandings out there about diabetes and with the job market the way it is now she could have just as easliy lost this job over something like that. Thank goodness she didnt!!! It is a private issue and it is up to the person that has it if and when they want to share, no one has the right to do it for you.
It was inappropriate unless they were discussing your job performance. It’s not a HIPPA violation because old boss is not a medical professional. It’s not an ADA violation. No lawyer will take this as a case because you have no damages - you got the job. There’s no money in it.
It’s a personal issue between you and old boss. Keep it that way.
Terry
It is in the state of California, though. There are weird labor laws here.
He is in breech of confidentiality! How and when you told your new boss is up to you (though it is always a good idea in case they try to make you work through your meal breaks!) and this should not have been mentioned.
The only reason they can disclose anything like this is if you pose a danger to your colleagues and clients - such as if you were an axe murderer or had serious mental health issues, but something like diabetes is not a reason to do so.
I hope you got the job anyway. Have a chat with the new one at the earliest opportunity and ask (if you want them to) not to broadcast the fact that you have diabetes and that if you feel the need to tell someone in the company then you would like to be able to choose who to tell and in the way that you wish, on a need to know basis.
Your old boss was possibly annoyed that you were looking for a new job, though this is no excuse for breeching confidentiality.
Good luck with the new job and hope you have a trouble free existence there!
Good you informed your former boss of your feelings about him disclosing personal info. Perhaps this will prevent him from doing something inappropriate again. Whether you choose to tell an employer you’re diabetic is your choice, not his.
He clearly said positive things about your performance & gave you a good reference. Maybe you should send a copy of your email to his supervisor, or the head of HR (if there is one).
A helpful strategy for the future is to have a friend pose as an employer seeking a reference to find out what bosses will say.
Let us know if you get a response.
Sue who and for what? There are no damages.
This is NOT illegal. She gave the new employer the name and number of the her previous employer to call for a reference. The previous employer is free to answer questions and discuss whatever he knows, whether it affects job performance or not.
First up congrats on the new job 
What your old boss did may be inappropriate and not the right thing to do and you are right to pull them up on it and explain your feelings on the subject. However, it is not the time to bring out the lawyers!
When I go for an interview I do not mention my T1 - one, as I am not yet their employee it is none of their business and secondly as my T1 is under good control it has never adversely affected my work. However, if I do start a new job I make it a point to tell everyone I work closely with as well as my boss that I am a T1. I also give pointers to the closest first aider in case they respond to an emergency. I consider this exteremely important as any of them may find me having a hypo - how are they going to respond if they don’t know I’m a T1? I would advise any diabetic to tell as many people around them on a daily basis as they can - maybe use diabetes as a safety moment during a meeting for example.
yes but i think you HAVE to decipher if it is PRE or POST hiring i cannot ask about it before you are wmployed but i would have to be informed if you require any ‘special’ accomadations…
if it was on the application you could have an arguement of discrimination because you are now setting people into categories where whole groups may be excluded from the HIRING process,… but what should your expectations be after you get the job??? you are now protected by the laws that everyone has mentioned wouldn’t it be in your oe anyone’s best interest to disclose anythings that you may need to survive.
It is against the law and a violation of HIPPA. Pursue legal remedies. Do not let your old employer get away with this. With the added bonus that this could cost him
Hippa only protects medical records - it is not against hippa unless medical records were disclosed - it is surely inappropriate and should not be condoned. aNYHOW i THINK WE HAVE BEAT THIS ONE TO DEATH - cONGRATS ON THE NEW JOB!! And fortunately no harm was done you got the job Yeah - I hope u got good bennies too!!!
Emily, I don’t think it’s right or legal. I would check with a sympathetic lawyer and see what would be the right thing to do. Would this boss the one who told your new one appreciate the employees telling his personal stories? I doubt it. I think he needs to be told, exactly what you said, it’s about job performance. Did your 'd" get in the way of your doing your previous job? It’s your responsibility and right to tell your new boss or not about your d that’s why I would check with the attorney…glad to hear you got the job though, must have thought you were indeed the best he could hire! Good for you
Before you leave your new job and start hunting, preempt with your boss by saying or writing a note, “You know I heard my old boss told you about my diabetes before I came here. I appreciated that you hired me. I really felt that his doing that was an invasion of privacy - since it had nothing to do with my work or working relationships. So I’m hoping you’ll refrain from discussing it when someone calls. I respect the good relationship we’ve had - and hope you do, too.”