No. In a case with similar facts, a federal trial court ruled that medical information voluntarily disclosed to an employer and subsequently disseminated by a supervisor to other employees does not trigger the nondisclosure provisions of the ADA because the information was not derived through the employer’s inquiry into the employee’s ability to perform his job duties. To prove his case, the employee had to show that knowledge of his medical condition was obtained by his employer pursuant to an inquiry into his ability to perform his job and that the employer did not maintain the confidentiality of the information. Even if it were company policy to provide the information regarding the absence from work, there was “no evidence of an ‘inquiry’ sufficient to invoke the ADA” and, therefore, the supervisor’s failure to keep the information private did not violate the ADA.
Source: Shannon Brent Centers v Hitachi Automotive Systems Americas, Inc (EDKy 2012) No. 11-137-KSF.