“Where a personnel manager at a state transit authority told a supervisor that an employee had AIDS, the employee will collect $125,000 as a result of a jury verdict in federal court in Philadelphia. The transit authority is liable under 42 USC §1983 for invasion of privacy in violation of the due process clause under the Fourteenth Amendment. The employee relied on prior case law from the Third Circuit which held that medical information is protected by the Fourteenth Amendment unless the government establishes a public need for it, according to the plaintiff’s attorney, Clifford Boardman of Philadelphia. The personnel manager discovered that the employee had AIDS when she reviewed a report of prescriptions filed under the company health plan and noticed that he had purchased drugs commonly used in connection with the disease. She told the employee’s boss and one of her own subordinates, according to Boardman. The employee recovered for his ‘emotional distress and humiliation’ caused by continuing to work at the agency and fearing that other employees would find out” (Doe v. Southeastern Pennsylvania Transportation, 1994, p. 8). What should happen to the personnel manager?
Already registered? Login
Not Account? Sign up
Enter your email address to reset your password
Back to Login? Click here