Understanding How Missing Government Claims Act Deadlines Can Impact Employee Privacy Cases

In a recent case before the Sonoma County Superior Court, the court addressed a claim involving the Confidentiality of Medical Information Act (CMIA). The plaintiff, an employee who had worked for a healthcare facility for over two decades, alleged her termination was unlawful after refusing to disclose medical information regarding her COVID-19 vaccination status. The employer’s policies required vaccination or regular testing, and the plaintiff’s refusal led to her being placed on unpaid leave, followed by wrongful termination. At issue was whether the plaintiff’s claims under the CMIA were barred due to failure to meet the six-month filing deadline mandated by California’s Government Claims Act. The court ruled in favor of the employer, affirming the dismissal of the case.

This outcome highlights two critical areas of California employment law: how CMIA protections apply to employees and the crucial role of the Government Claims Act in determining whether an employee’s case can proceed against a public entity. Understanding the interaction between these laws can be essential for employees facing similar circumstances.

CMIA Protections and Employee Rights

The CMIA is designed to protect the confidentiality of an employee’s medical information in the workplace. Under California law, employers cannot request or disclose medical information without the employee’s consent unless specific exceptions apply. Section 56.20 of the CMIA lays out these rules, with one subdivision protecting employees from discrimination for refusing to provide medical information and another prohibiting employers from using or disclosing that information without authorization.

In the recent case, the plaintiff’s claim was based on her refusal to provide information about her COVID-19 vaccination status. She argued that the employer’s request and subsequent termination violated her rights under the CMIA. Specifically, she pointed to subdivision (b), which prohibits discrimination based on an employee’s refusal to sign an authorization for the release of medical information. The plaintiff claimed state law protected her refusal to undergo testing or disclose her vaccination status.

The employer, however, argued that the policy requiring COVID-19 testing for unvaccinated employees was a legitimate condition of employment during a global pandemic, not an unauthorized use or disclosure of medical information under the CMIA. The court ultimately did not address the merits of this claim; instead, it focused on whether the plaintiff had followed the proper procedures under the Government Claims Act.

Importance of Timely Filing Under the Government Claims Act

The Government Claims Act plays a crucial role in suing public entities in California, including government-owned hospitals like the one involved in this case. Under the Act, employees seeking damages from a public employer must first file a claim within six months of the alleged injury or wrongful Act. Failure to meet this deadline can result in the dismissal of the case, as happened in this instance.

The plaintiff’s termination occurred in September 2021, and she did not file her claim until May 2022—well beyond the six-month deadline. In her appeal, she contended that her CMIA claims should be subject to a more extended filing period, as they were statutory violations, not personal injury claims. The court disagreed, finding that her claims were indeed subject to the six-month deadline because they involved personal injury—specifically, financial harm and emotional distress caused by her termination.

This ruling underscores the importance of understanding the procedural requirements of the Government Claims Act. Even if an employee believes they have been wronged under a statute like the CMIA, they must comply with the Act’s deadlines to preserve their right to sue. Missing the six-month window can result in the court being unable to hear a claim.

Protecting Your Rights: When to Seek Legal Help

For employees working in the public sector, the interplay between statutes like the CMIA and procedural requirements under the Government Claims Act can be confusing and difficult to navigate. Missing a critical deadline could mean losing the chance to pursue justice, no matter the underlying claim’s strength. That’s why seeking legal guidance early is essential, especially if you believe your employer violated your rights.

In California, workers have strong protections regarding the confidentiality of their medical information, but these protections can be complex when an employer is a public entity. If you believe your employer violated your workplace rights under California or federal law , give the Nourmand Law Firm, APC a call to discuss your situation with an experienced Los Angeles employment attorney.