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The Rumor Mill Is Running, How Do I Shut it Down?

Reader question: I have a co-PI who went to rehab for alcoholism a week ago, and he will be there for a month in the middle of the semester. Since his sudden departure, the rumor mill has been working overtime, but no one knows the truth. As his friend and colleague, I field most of the questions. People have expressed concerns for his health, thinking he is gravely ill, and others are thinking that he’s run into trouble with the law. I don’t want to violate his confidentiality, but I don’t want to keep telling my staff that it’s none of anyone’s business, and I don’t want to lie. How should I handle the rumor mill on something like this where medical privacy seems to interfere with good staff communication?

Expert Comments: Your best option is to keep telling them to mind their own concerns, and repeat yourself if they persist. It sounds tough and you may not want to do it, but it’s your only option. There are good legal reasons for not talking, including the following:

• At a university or most research institutions, human resources policy will require you to maintain confidentiality regarding any medical issues. If you break confidentiality, as a manager, you can get into hot water with your institution. So adhere to the policy.

• If your institution has an Employee Assistance Program, your employer knows that he’s receiving treatment and will also have an aftercare program that involves re-entering the workplace. The EAP policies don’t include letting co-workers know a person is in recovery.

• There are several factors that could implicate disclosure laws like state-specific laws and union protections that apply, and whether your institution is self-insured could impact disclosure rules.

In addition, there are potentially applicable federal laws such as the Health Insurance Portability and Accountability Act (HIPAA) and Confidentiality of Alcohol and Drug Abuse Patient Records. HIPAA would apply if a health care provider, insurer, etc., maintains the medical record and has the disclosure issue. Likewise, the confidentiality law would apply only for substance abuse treatment providers and would prohibit their disclosure.

On the other hand, disclosure of any medical condition is prohibited under the Americans with Disabilities Act (ADA). But the ADA does not apply to current drug/alcohol use. And the courts have stated that the ADA applies only when there has been a long-term and permanent recovery from prior illicit drug use.

The bottom line is that you should not disclose that there is a substance abuse or medical issue, and maintain that it is a confidential employer/employee issue that is being monitored and assessed.

Ultimately, you can let staff know that he will be back at some approximate time, and they can talk to him then. Otherwise, you don’t feel that you should comment, and you’re not comfortable discussing his personal life. For example, you might say, “Thanks for your concern, but I’m not able to discuss that with you. He should be back in the office by the end of the month.”

Expert comments by Vincent Vecchio, Esq., who operates a private law practice in Hammonton, N.J.