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Plaintiff Withdraws Emotional Distress and Disability Discrimination Claims Against KM&M's Client Rather Than Release Medical Information

April 26, 2005

Federal Judge Grants KM&M's Motion to Compel Plaintiff to Respond to Questions Related to His Medical Condition

In an action pending in the United State District Court for the Eastern District of Pennsylvania, the plaintiff alleged, in part, that he was discriminated against on the basis of his disability (chronic alcoholism) and that he suffered emotional distress as a consequence of his dismissal by KM&M's client. Despite his claims of disability discrimination and emotional distress, the plaintiff refused to disclose to the defendant information concerning his treatment for alcoholism or regarding his medical history in general. As a result, the defendant filed a motion to compel the disclosure of the information. When faced with the motion to compel, the plaintiff voluntarily dismissed his disability discrimination and emotional distress claims rather than disclose this information.

In the same action, the defendant served a subpoena on one of the plaintiff's former employers. The former employer's personnel records related to the plaintiff demonstrated that the plaintiff had been counseled concerning his performance problems and had not been dismissed by that employer as part of a management restructuring, as the plaintiff had testified at his deposition. Based on these records, the defendant served requests to admit on the plaintiff. The plaintiff refused to respond and filed a motion for a protective order, seeking to avoid providing responses on the grounds that the information sought was irrelevant and prejudicial. The judge agreed with KM&M and ordered the plaintiff to respond to the requests to admit at issue.