My question is, is it legal for my Boss to tell other employees that he is worried about my mental state without speaking to me first? I brought some issues to my bosses’ attention about how our company operations make it very difficult on me and my field guys to be productive and how our current system basically sets our guys up for failure. Shortly after this they actually fixed some of these issues however now they are questioning the guys I manage about my mental health and some other things as well. They have not asked me any questions.

Rita Risser Chai replies:

Even if your boss did talk to you first, it is probably a violation of the Americans with Disabilities Act for him to speculate about or discuss your mental health with others. That’s because he is “regarding” you as disabled. You may want to discuss this with a local attorney or with the Equal Employment Opportunity Commission. Good luck.

Posted 07-26-2019

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.