Court orders plaintiff in FMLA lawsuit to produce private social media content in discovery

By Brian Hall In many employment cases, the parties engage in a battle over content in the plaintiff’s private social media accounts. The recent decision from the U.S. District Court in Eastern District of Michigan in Robinson v. MGM Grand Detroit, LLC, Case No. 17-CV-13128 (E.D. MIch. 1/17/2019) illustrates well how an employer can demonstrate its right to this discovery. In Robinson, the plaintiff, a valet attendant for the defendant employer, filed a complaint alleging race and disability discrimination under Title VII, the Americans with Disabilities Act, and in retaliation for taking medical leave under the Family and Medical Leave Act (FMLA). During the course of discovery, the employer sought and thereafter filed a motion to compel discovery from, among other sources, the plaintiff’s private social media accounts. Specifically, the employer sought discovery from the plaintiff’s Facebook account as well as Google Photo and Google location data for the…

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