In the case of King v. Cincinnati Pub. Schs, S.D.Ohio No. 1:17-cv-794, 2019 U.S. Dist. LEXIS 40522 (Mar. 13, 2019), a federal district court held that a case could proceed to trial when a principal allegedly disclosed a teacher’s confidential medical information “to [the teacher’s] entire teaching team while the [teacher] was not there to defend herself.” King at *13.
In this case, a teacher used approved medical leave for “psychological reasons.” The principal told other school employees that the teacher would be taking leave for “psychological reasons” and went on to say that “it was hard for [the superintendent] to understand somebody taking time off for psychological reasons.” King at *2. One of the other staff members relayed the principal’s comments to the teacher, who then resigned and brought claims of hostile work environment and constructive discharge against the school board and principal.
The federal district court refused to dismiss the lawsuit because there were sufficient issues of fact for a jury to conclude that a hostile work environment existed and the teacher was constructively discharged. With respect to the constructive discharge claim, the federal district court found that “the statements went beyond mere insults, disclosed confidential information, and were made to [the teacher’s] entire teaching team.” King at *13.
The moral of this case: Don’t discuss employees’ confidential information! This entire case may have been avoided had the principal simply not disclosed the teacher’s reason for taking medical leave.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.