Disability Law

Baker Can't Get Mental Health Records of Ex-Associate Who Filed ADA Claim


An Illinois federal magistrate judge denied Baker & McKenzie’s motion to compel discovery of the mental health records of an ex-associate who alleges the firm fired him in violation of the Americans with Disabilities Act.

David Kronenberg, who was an associate at the firm in Chicago between 2004 and 2007, did not raise his mental health as an issue in the lawsuit against the firm, Judge Jeffrey Cole wrote in Monday’s decision, the National Law Journal reported.

“Baker is not entitled to rummage around in Mr. Kronenberg’s privileged and confidential mental health records on a scavenger hunt for nuggets of evidence,” Cole wrote.

In the suit Kronenberg filed last year, Kronenberg alleged that Baker would not provide him reasonable accommodations after he told both his supervising partner and the human resources department that he had a degenerative spinal condition. The firm fired him in 2007 after he had taken administrative leave and Family and Medical Leave Act leave.

Kronenberg told the National Law Journal that he now works as a contract attorney.

Baker declined to comment to the National Law Journal on the decision.

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