UPDATE:Mediation/Confidentiality Breach/FM

Discussion in 'Fibromyalgia Main Forum' started by kimfibro, Jul 1, 2006.

  1. kimfibro

    kimfibro New Member

    hello to all of you. THANKS to those who responded to my posts regarding the Breach of Medical Confidentiality (Fibromyalgia suddenly listed next to my name at the workplace.) the Mediation process is complete. it began at 10am and finished at 1:30pm along w/a vicious thunder and lightning storm outside the very tall building we were in!

    the Mediator from EEOC was there; i went solo; the RN that made this come about in the first place was there along with the company's attorney and their dir of human resources.

    the first item on my agenda in there (we were in a trial court room by ourselves) was to educate so i passed out the ProHealth brochure on CFS and FM which i had highlighted pertinent sections and sentences. i read aloud the highlights to them.

    the next item on my agenda was to read a few paragraphs re: how difficult it is for me, my family and my friends to deal with this chronic illness and how this Breach has affected me for the past 2 months. when i was finished it was their turn.

    the rn that admitted to the mistake basically apologized again and didn't really partake in the reading of the brochure. she didn't pick hers up, she just listened. the hr person didn't have much at all as far as input goes but was nice. the company's atty however had such a bad attitude and i addressed it quickly!

    the atty spoke up saying that it was unfortunate that this error took place but it doesn't have the social connotations in the workplace such as hiv, etc. i was squirming in my seat!!!!!!!!!!!!!!!!!!!!!!!!!!!!! and she went on a bit more. with a 'shrugging of the shoulders' attitude. exactly: shrugging of the shoulders.

    in short, when it was my turn again, i directed everything to the atty and made my comments short and sweet such as "i refuse to sit here and be belittled by those comments." "comparing my condition to hiv or anything else is out of bounds and i won't tolerate it any further." "every single employee had access to my medical info posted around and it is PRIVATE." and on and on i went.

    i completely and expectedly kept my cool but my blood was boiling under the surface. and i set the atty straight right away. to keep it brief: We settled on an amount (much much less than i originally was focusing on) of $ (i was dreading prolonging this and it affecting my health so i decided that it needed to come to closure on THAT DAY) and i also requested that the RN take Management Sensitivity Training or the like. that request was APPROVED.


    the end. :)
  2. marta

    marta New Member

    I congratulate you for standing up for what you believe. And by yourself, too. Wow, did the attorney really compare FM with AIDS??

  3. kimfibro

    kimfibro New Member

    yes, the atty actually said those things.

    and it AFTER i introduced the FM PROHEALTH brochure!!!!

    ugh. i couldn't believe my ears either. but neither party had to be there: it's voluntary. so perhaps i got thru to her by saying that i refuse to sit there and have the illness belittled. i could have ended it there and walked out.

    but, that would have meant EEOC would have taken it over, investigation, etc. and there was the possibility that a decision would be determined by EEOC. it was all like a craps shoot but my main goal of educating these women was done!

    just needed to give my body and mind a complete break from this injustice. it began in mid April.
  4. Pianowoman

    Pianowoman New Member

    You accomplished your goals under very difficult circumstances. I don't think I would have had the guts to do that without a lawyer. You have a lot of courage and strength.
    Now it's over and you can move on. I think that's important for your health. Perhaps you can do something nice for yourself now. DO take care.

  5. cc0526

    cc0526 New Member

    I've been following this story at a distance the last few months. I am floored as is everyone else as to what happened. Just wondering, did the nurse ever accept responsibility for what she did? Or did she just say that it wasn't meant that way, etc? I am glad she has to go to a sensativity class. If it were me I think I'd print her out all the articles on FM/CFIDS and make her read them in her spare time and they write essays on each of them. Then you know she read them. :)

    Anyway, I hope you are happy with your result. I'm proud of how you stood up for yourself, and the rest of us!

  6. kimfibro

    kimfibro New Member

    you are soooo funny 4everkid!!!

    to answer a question: yes, she admitted back in april that she did it, and apologized.

    in Mediation she told me she apologized to me on the phone in april and that she's "not perfect".

    but, ya know one of the things covered in Mediation is whether or not the working relationship remains. i've been undecided for a few reasons; not just this one. so near the end of the meeting i explained to her in honest terms that i didn't think i'd continue my employment and that i just feel uncomfortable.

    she told me to please reconsider, that i'm such a great employee, and she didn't want to lose me. i thanked her for that. and then "withdrew" my statement and have 4 shifts scheduled for August.

    not all is lost...and i am thankful to have been able to EDUCATE EDUCATE EDUCATE them on life with Fibromyalgia.

    have a great day you wonderful peeps!!
  7. kjfms

    kjfms Member

    so nice to hear about someone sticking up for themselves in a calm and professional manner.

    I hope things continue on the same path for you.