Why Timing Is Critical in Medical Privacy and Employment Law Cases

California’s Confidentiality of Medical Information Act (CMIA) protects employees from discrimination for refusing to disclose their medical information. This law is increasingly significant, particularly as it has been invoked by opponents of vaccine mandates. Individuals have attempted to use the CMIA to prevent employers from requiring them to reveal their vaccination status or comply with vaccine mandates. Recently, the California Court of Appeals heard a case brought by a woman who claimed she was terminated for refusing to provide her COVID-19 vaccination status, which she argued violated the CMIA.

The Facts of the Case

The woman in this case worked as a surgery scheduling coordinator for over 20 years at a hospital. As the COVID-19 pandemic intensified, the hospital asked her to disclose her vaccination status. When she refused, the hospital required her to either provide proof of vaccination or undergo routine COVID-19 testing to continue working. The employee declined both options, asserting her right to medical privacy under the CMIA, and requested that the hospital cease its inquiries into her medical information. Because she refused to comply with the hospital’s policy, she was placed on unpaid leave and ultimately terminated from her job in September 2021.

Believing her termination was unlawful, the woman filed a lawsuit claiming the hospital had discriminated against her based on her refusal to release her vaccination status, a violation of the CMIA. However, her lawsuit was dismissed by the trial court. The court found that she had failed to file her claim within the required six-month deadline under California’s Government Claims Act, a procedural requirement for claims against public entities. This decision came despite the plaintiff arguing that the CMIA, a statute designed to protect medical privacy, should allow for a longer period to file such claims. She filed her claim in May 2022, months after the deadline had expired, which prompted the dismissal.

Undeterred, the plaintiff appealed the dismissal, asking the California Court of Appeals to reconsider her claim. Unfortunately for the plaintiff, the appellate court rejected her appeal. The court upheld the original ruling, agreeing that her failure to meet the six-month filing requirement under the Government Claims Act was fatal to her case. Importantly, the appellate court did not weigh in on the merits of her CMIA claims; instead, it ruled purely on procedural grounds. This means that the legal question of whether the hospital violated the CMIA was never addressed because the plaintiff failed to follow the necessary steps to bring her claim forward in a timely manner.

The Takeaway

This case underscores the critical importance of adhering to procedural rules when filing employment-related claims in California. Statutes such as the Government Claims Act establish firm deadlines, and failure to meet these deadlines can prevent a plaintiff from ever having their case heard, regardless of the strength of their arguments or the evidence they might present.

Had the plaintiff consulted an experienced California employment attorney before filing her claim, she may have avoided this outcome. A knowledgeable lawyer would have been able to guide her through the procedural requirements, ensuring her claim was filed within the appropriate time frame. Missing these crucial deadlines can not only result in the dismissal of the case but may also leave the plaintiff responsible for paying the legal fees of the other side, as happened in this case.

Hardin Law Group is Here to Help

If you believe that you have been wrongfully terminated, discriminated against, or have suffered any other violation of your employment rights, it is critical to act swiftly before any procedural deadlines expire.. The experienced California employment attorneys at Harden Law Group understand how to help. We understand the intricacies of the law and can help ensure that your claim is filed correctly and within the required timeframes, sparing you from the risks of procedural pitfalls. Don’t let the opportunity for justice slip away. If you believe you’ve been wrongfully terminated or discriminated against, contact Harden Law Group today at (949) 337-4810 to schedule a free consultation. Our experienced team is here to help you protect your rights and achieve the justice you deserve.