- Should Best Formed Plastics’ motion to dismiss have been granted? Why or why not?
- If Ms. Stewart had only two Facebook friends who could see her post and they were Mr. Shoun and Mr. Shoun’s boss—who had already signed off on his medical leave and was aware of Mr. Shoun’s condition, would the judge have ruled differently?
- If you were the owner of Best Formed Plastics, what rules and procedures might you put in place to ensure that you are not face a similar lawsuit in the future?
Issue: Whether an individual acting on behalf of employer disclosed confidential information about his medical condition to other people via a post on social media website, thereby violating the ADA.
Facts: In March 2012, George Shoun fell and injured his shoulder while on the job at Best Formed Plastics and spent several months away from work recovering. Jane Stewart, who processed worker’s compensation claims for the company, prepared an accident report for the incident and notified the company’s insurer. Mr. Shoun says that between March and August 2012, Ms. Stewart monitored his medical treatment for the company and so learned the nature and extent of his injury.
In February 2013, Ms. Stewart posted the following on her Facebook page: “Isn’t [it] amazing how Jimmy experienced a 5 way heart bypass just one month ago and is back to work, especially when you consider George Shoun’s shoulder injury kept him away from work for 11 months and now he is trying to sue us.” Mr. Shoun asserts that Ms. Stewart’s posting of the statement was a “deliberate disclosure of [his] medical condition to other persons” in violation of the Americans with Disabilities Act. He claims, too, that Ms. Stewart “acted with the intent to expose him to public scorn and ridicule and to blacklist him among prospective employers within her broad network.” Mr. Shoun seeks compensatory and punitive damages, pre-judgment interest, attorney fees, and costs
Decision: The court found that the employee sufficiently stated claim for disclosure of confidential medical information under the ADA, and the employee sufficiently alleged tangible injuries under the ADA.
