An employer violated the Family Medical Leave Act when an employee’s FMLA request, which included his personal medical information, was revealed to co-workers who then teased him about it, says a court ruling.

In June, 2015, Scott Holtrey, an employee of the Collier County Board of County Commissioners in Naples, Florida, developed a chronic and serious health condition with his genitourinary system, according to a ruling by the U.S. District Court in Fort Myers, Florida, in Scott Holtrey v. Collier County Board of County Commissioners. The Jan. 12 ruling was publicized this week.

Mr. Holtrey applied for leave under the FMLA, which was approved. Unbeknownst to Mr. Holtrey, a management-level employee allegedly disclosed his condition to co-workers and subordinates at a staff meeting he did not attend.

About eight people then approached Mr. Holtrey to inquire about his condition and began making fun of him. They also made jokes and obscene gestures about his condition in front of him, according to the ruling.

Mr. Holtrey filed suit against the board charging violation of the FMLA.

The court refused the board’s motion to dismiss the case. Discussing Mr. Holtrey’s FMLA interference claim, the ruling said he “has sufficiently alleged a right of confidentiality” that the defendant breached when it disclosed his protected medical information without his permission.

“The court is not persuaded by defendant’s argument that the interference claim fails because, by plaintiff’s own admission, it granted him FMLA leave,” said the ruling. “The issue in this case is whether confidentiality is a right under the FMLA and whether defendant interfered with that right.

“Although district courts conflict on whether a disclosure of an employee’s medical information constitutes an interference claim under FMLA, the court finds that the enforcing labor regulation makes clear that confidentiality of medical information is a right provided and protected under the FMLA.”

The court also refused to dismiss Mr. Holtrey’s retaliation claim, stating his allegations of co-workers’ repeated and frequent jokes and obscene gestures about his condition “suffice to state an adverse employment action.”

Jeff Nowak, a partner with Franczek Radelet P.C. in Chicago, said while the overwhelming majority of employers maintain medical information confidentiality, “this decision is a wake-up call of sorts” for employers “that they need to ensure that their managers understand FMLA and their responsibilities under the law, one of which is to maintain the strict confidentiality of this kind of medical information.”