Question
James and Kelly are both in consideration for a senior software development position at CodeCompany. As they are reaching the final round of interviews, the
James and Kelly are both in consideration for a senior software development position at CodeCompany. As they are reaching the final round of interviews, the hiring manager, Xavier, tells Kelly that she is his top pick for the position and he plans to put together an offer for her over the weekend.
Kelly happens to be good friends with Xavier's wife, Claire. That weekend, Kelly and Claire go out for coffee and Kelly confides to Claire that she is going through fertility treatments and hopes to have a baby soon after years of trying. That evening, Claire encourages Xavier to hire Kelly quickly, saying how much this job would mean to Kelly, since she is planning to have a baby soon and fertility treatments are so expensive.
A week later, having not heard anything about the job opportunity, Kelly decided to look up James on LinkedIn and noticed that he posted an update about his new job at CodeCompany. Kelly called Xavier to find out what happened. Xavier said that CodeCompany ultimately decided to hire James because they were worried that she'd be out a lot with fertility treatments and that the company couldn't afford to have her gone for weeks of maternity leave.
Furious, Kelly sues Claire, Xavier, and CodeCompany for violating her rights under HIPAA since the fact that she is going through fertility treatments is protected health information. Will Kelly succeed in her HIPAA claims against each party? Why or why not?
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