Eric Goldman writes:
Jane Stewart, a company manager, 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.
The complaint says the post concluded “Love for everyone to hear the real truth! What a loser!” but this sentence wasn’t referenced in the court’s opinion.
Shoun didn’t appreciate these remarks, so he sued for confidentiality violations of the Americans With Disabilities Act (ADA).
I don’t have an opinion about the likely success of this lawsuit, but I’m less sanguine about the wisdom of this post. Employers, when is it appropriate to mock an employee online for allegedly malingering due to health issues? Answer: NEVER.
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