The ADA contains an inherent privacy right against disclosure of medical conditions and accommodation requirements.

Ann, who has been employed by XYZ, Inc. for five years successfully, has developed a disabling condition, which requires special accommodation needs during her workday. She has requested, and has received, approval from human resources for her accommodations.Ann's direct Manager, Clyde, has been informed about Ann's accommodation requirements, but not her condition.

Bob and Dana, who are co-workers of Ann, are upset that Ann seems to be, from their perceptions, receiving favorable treatment.She is allowed a longer period of time to accomplish a certain task that Bob and Dana, likewise, do not receive.They complain to Clyde about their belief they are being treated in a discriminatory manner because of their ages (60 and 62, respectively).Ann is age 32.

Bob feels compelled to inform these complaining employees to squelch their concerns of perceived discriminatory treatment and avoid a possible EEOC charge that Ann "has some kind of condition, probably" and the company is giving her more time to complete her job tasks.

Ann learns about Clyde's disclosure.She does not, in fact, have cancer, but another disabling condition.She files a timely charge of discrimination with the EEOC.Although she has not suffered any economic loss with her job, she contends that she has been so humiliated and embarrassed that her distress from same has caused her to seek treatment from a mental healthcare provider.She is seeking damages, attorneys' fees incurred and punitive damages.

Does the employer have an applicable defense?What results from the EEOC charge and why?Has the law been violate?