She could get them on HIPAA (since that is protected information) but, unfortunately, courts have sided with private organizations against individuals in this kind of case before. It's sad and intolerant but not much she can do.
At first I was like, well, it's sort of obvious about when her conception was. It's fucked up to judge her for it, but it would probably be considered common knowledge that if she gave birth to a normal-sized baby 6 months after her wedding, she had premarital sex.
Then I realized it was three weeks, not months.
Three weeks before the wedding...fuck, I would have lied and had an "early" baby.
I'm a christian and I would have lied. If my child went to a christian school and her teacher got fired for getting pregnant 3 weeks before her wedding, I would pull my child out of that school. That kind of school probably would not want my children there, since I'm also a "dirty whore" that got pregnant out of wedlock, twice.
Christians do not make mistakes, tru fax. (oh god that all hurt to write)
I seriously doubt she knew they were going to fire her. I bet she would have lied too, if she knew it was going to be more than a "teehee, slut" in the break room sort of thing.
If she didn't know, she was dumb. I went to a school like this for 12 years. (I still have the psychological scars to prove it.) Our teachers had to promise never to go to the movies. It was an offense that brought termination.
I'd say that's probably it. I mean I went to movies all through the 12 years I was in that hell-hole. And if someone had tattled on me, I could have gotten expelled. (Granted if they'd tattled on me, then they would have been in trouble for being there too.) I have a friend whose dad got kicked off the deacon board at the church that ran the school. The reason he got kicked off? His other daughter admitted in premarital counseling that she and her fiancée had been sexually active. He still doesn't know why.
If I had been this person I wouldn't have admitted anything. "The baby was born 3 weeks early. Yep. It happens sometimes. What was the baby's weight? Why do you ask? Don't you just want to comment on how cute it is?" Seriously she signed a code of conduct and then admitted she broke it. Her school is far more progressive than the one I went to (which was considered progressive for our region). At the school I went to females weren't allowed to be hired until their child was in first grade.
This hits me in the "IDGI" range of my brain. I mean the rule may be dumb, but whew, who admits stuff like that. I mean at least be organized enough to say that the kid was conceived on your wedding night and whoops! early baby. (As grandma always said, "The first baby can come any time, but all the rest take 9 months.")
She could get them on HIPAA (since that is protected information) but, unfortunately, courts have sided with private organizations against individuals in this kind of case before.
Employers are not bound by HIPAA. She may have a shot at a discrimination case, but it would be difficult.
Actually, they are because we get protected health information at times in the form of leave requests and/or dealing with personal health issues such as addiction-counseling and, technically, under HIPAA pretty much most health information that is not said to be ok to share is protected.. I work in HR in California and that's the case out here.
I'm no HIPAA expert, but this page seems to say the opposite:
The Privacy Rule does not protect your employment records, even if the information in those records is health-related. Generally, the Privacy Rule also does not apply to the actions of an employer, including the actions of a manager in your workplace.
Are you sure it's HIPAA and not California law that binds employers?
*nod* True. That's been the standard when I worked for a large HMO and for a medical device manufacturer. I think they went to that extra-length just to be sure.
But if she volunteered the information, then they didn't get it from a medical professional. So I don't think this is under HIPPA. IIRC it's only a HIPPA violation of her doctor told them.
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Then I realized it was three weeks, not months.
Three weeks before the wedding...fuck, I would have lied and had an "early" baby.
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Christians do not make mistakes, tru fax. (oh god that all hurt to write)
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If I had been this person I wouldn't have admitted anything. "The baby was born 3 weeks early. Yep. It happens sometimes. What was the baby's weight? Why do you ask? Don't you just want to comment on how cute it is?" Seriously she signed a code of conduct and then admitted she broke it. Her school is far more progressive than the one I went to (which was considered progressive for our region). At the school I went to females weren't allowed to be hired until their child was in first grade.
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Our teachers got away with way too much.
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Employers are not bound by HIPAA. She may have a shot at a discrimination case, but it would be difficult.
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The Privacy Rule does not protect your employment records, even if the information in those records is health-related. Generally, the Privacy Rule also does not apply to the actions of an employer, including the actions of a manager in your workplace.
Are you sure it's HIPAA and not California law that binds employers?
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