And did it with such grace! After all, she is Miss Manners.
My all-time favorite advice columnist is Miss Manners, who appears six days a week in The Washington Post. Employment law is not usually her thing, but this week, she actually got an employment law issue.
A letter-writer who uses a service dog complained to Miss Manners that she is frequently asked, presumably by curious strangers, what her dog is trained to do. The letter-writer asks,
"What is a polite comeback rather than saying, 'My medical information is federally protected by HIPAA, and you cannot ask about my medical history?'"
As all employment lawyers and HR professionals know, a question from a random stranger about an individual's medical condition does not violate the privacy requirements of the Health Insurance Portability and Accountability Act. In fact, I do not believe that such an inquiry violates any law at all, although it is certainly rude.
(In the employment context, the inquiry could violate the Americans with Disabilities Act, or possibly the Genetic Information Nondiscrimination Act.)
So, of course, I anxiously read on to see how Miss Manners would handle, or mishandle, her gentle reader's incorrect statement of the law.
Miss Manners did not disappoint. She delicately sidestepped the legal issue:
If you make a legal argument, you will inevitably run into a nosy lawyer who is happy to debate whether medical privacy laws apply to private individuals as well as health care providers."
Nailed it! See why I love Miss Manners? (Wait - is she talking about me?)
Her "manners" advice was just as good as her "legal" response:
If your questioner fails to stop when you reasonably say that the dog was trained for you, Miss Manners recommends an unambiguous follow-up: that neither you nor your dog cares to discuss it.
I give Miss Manners an A+ on her foray into employment law. Miss Manners, I hope you are "feeling correct" today -- you should be!
Robin Shea is a Partner with the law firm of Constangy, Brooks, Smith & Prophete, LLP and has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act), the Genetic Information Non-Discrimination Act, the Equal Pay Act, and the Family and Medical Leave Act; and class and collective actions under the Fair Labor Standards Act and state wage-hour laws; defense of audits by the Office of Federal Contract Compliance Programs; and labor relations. She conducts training for human resources professionals, management, and employees on a wide variety of topics.