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Posting Confidential Medical Related Information About An Employee on Facebook? Beware of ADA Violations


Shoun v. Best Formed Plastics, Inc. - US District Court for the Northern District of Indiana, South Bend Division


Facts:  George Shoun injured his shoulder in March 2012 while on the job at Best Formed Plastics and spent several months off recovering.  Jane Stewart, who processed the worker's compensation claim for the company, prepared an accident report and monitored Shoun's medical treatment.  In February 2013, Stewart apparently posted a message 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."

Stewart's Facebook page was apparently linked to her business e-mail address and was available to the business communities in northeastern Indiana and southern Michigan.  Stewart's statement remained on her Facebook page for 76 days.

Shoun subsequently brought suit against Best for violating the Americans With Disabilities Act ("ADA") and alleged Stewart, on behalf of Best, wrongfully disclosed confidential information about his medical condition to other people via the Facebook post.  Best filed a motion to dismiss Shoun's suit.

Holding:  To start, the ADA requires that any information relating to a medical condition of an employee obtained by an employer during "voluntary medical examinations, including voluntary work histories, which are part of an employee health program available to employees at that work site" must be "collected and maintained on separate forms and in separate medical files and [be] treated as a confidential medical record."

In this instance, Best argued that Shoun voluntarily and publically disclosed his medical condition in the complaint he filed in Superior Court before Stewart's alleged disclosure of the same information.  Shoun filed his state complaint on February 14, 2013 and Stewart's Facebook post came five days afterward.  While the Court noted the strength of this argument, the Court pointed to the fact that Shoun had alleged that Stewart acquired the information about Shoun's medical condition through an employment related medical inquiry and then wrongfully disclosed that information.  The Court held that whether Stewart gained this knowledge of Shoun's medical condition solely within the context of the employment related medical examination is a question of fact that is not appropriate for resolution via a motion to dismiss.

Judgment:  The District Court denied Best's motion to dismiss and held that Shoun had set out facts sufficient to allege a violation of the confidentiality provisions of the ADA.

The Takeaway:  I cannot say it enough, work related information, including any thoughts, comments, opinions, etc. need to be kept off Facebook.  It is one thing to post a picture of your trip to the beach or a status update on what your favorite movie is.  It is another thing to voice an opinion and disclose medical related information about an employee on Facebook and risk violating the ADA.

Good rule of thumb:  If in doubt, do not post it.

Majority Opinion Judge:  Judge Miller, Jr.

Date:  June 23, 2014

Opinion:  http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1767&context=historical

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