Question Details:As a delivery driver I had to take some time off work under the FMLA for bipolar disorder. The medication I was on left me dizzy and fatigued; it was unsafe to drive. HR asked for my doctor for information on my illness to grant my FMLA which was provided. Now that I'm back to work I have customers asking me how my "vertigo" or my "dizziness" is doing now. Seems strange to me that another driver that took my place would know such information as well as pass it on to inquiring customers.
There is no HIPPA violation by your doctor's provision of your medical information to your employer to grant your request under the FMLA. Such information was necessary to be provided by your doctor. As such, your doctor did not violate any provision under HIPPA by providing such information to your employer.
You cannot sue your employer for a HIPPA violation. However, for your employer's human resources department to mention your medical condition to others without your consent seemingly was an invation of your right to privacy as to your medical condition.