Discovery in Employment Cases

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In an employment discrimination case, it is not uncommon for a defendant/employer to seek information/documents regarding the plaintiff’s prior employment. In Roazzi v. U.S. Builders Group et al (NY Sup. Ct. Index #152129/16), an age discrimination case, defendants sought authorizations for the plaintiff’s employment records going back ten years. Judge Wright granted plaintiff’s motion for…

Read More Court Grants Protective Order Regarding Prior Employment in Age Discrimination Case
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In Walker v. H & M Henner & Mauritz LP, 16-cv-03818 (SDNY Sept. 16, 2016), the court granted the plaintiff’s motion to quash subpoenas that defendant proposed to serve on plaintiff’s former and current employers and schools she attended, in order to support its “after acquired evidence” defense. Defendant argued that “during the course of…

Read More Court Quashes Subpoenas to Obtain Prior Employment Information to Support “After Acquired Evidence Defense” in Race Discrimination Case
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In Johnson v IAC/Interactive Corp., 2016 NY Slip Op 31520(U) (NY Sup. Ct. Index No. 155837 /14 Aug. 12, 2016), an employment discrimination case, the court evaluated the parties’ motions to compel discovery (per CPLR 3124) and for sanctions and/or evidence preclusion (per CPLR 3126). The court held, among other things, that plaintiff was entitled to…

Read More Court Orders Discovery Relating to Termination of Similarly-Situated Employees in Gender Discrimination Case
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In Boudouris v. Cty. of Nassau, No. 14-cv-6719, 2016 WL 4288645 (E.D.N.Y. Aug. 15, 2016), a sexual harassment and retaliation case, the court cited and applied the standard for deposing “high-ranking government officials.” In this case, plaintiff sought to take the depositions of two government officials: Nassau County Executive Edward P. Mangano and Nassau County Sheriff Michael…

Read More Court Grants Motion to Compel Depositions of High-Ranking Government Officials in Sexual Harassment Case
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In Misas v. N.-Shore Long Island Jewish Health Sys., No. 14-cv-8787, 2016 WL 4082718 (S.D.N.Y. July 25, 2016), the court reaffirmed that an employment discrimination/sexual harassment plaintiff seeking only so-called “garden variety” emotional distress damages does not put their medical condition in issue for discovery purposes. In this case, plaintiffs assert claims of, inter alia, sexual…

Read More Sexual Harassment Plaintiffs’ Assertion of “Garden Variety” Emotional Distress Damages Does Not Authorize Extensive Medical Discovery
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In Deluca v. Sirius Xm Radio, Inc., No. 12-CV-8239, 2016 WL 3034332 (S.D.N.Y. May 27, 2016), an employment discrimination case, plaintiff alleged that “she was paid less than her male peers, that she was removed from her supervisory authority, and that she was subjected to anti-gay slurs in the workplace.” To flesh out her claims,…

Read More Court Orders Pre-Statute of Limitations “Comparator” Discovery in Gender Pay and Sexual Orientation Discrimination Lawsuit Against Sirius XM Radio
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A recent decision, Kelly v. Times/Review Newspapers Corp., 14-cv-2995, 2016 WL 2901744 (E.D.N.Y. May 18, 2016), illustrates how courts are applying the newly-amended Federal Rules of Civil Procedure in employment cases. In this employment discrimination case, plaintiff “seeks compensatory damages, alleging that he suffered actual anguish, embarrassment, suffering, and humiliation as result of his wrongful involuntary termination…

Read More Court Applies Amended Discovery Rule to Discovery Demands Seeking Information Relating to Claimed Emotional Distress in Age Discrimination Case
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In McMahon v. New York Organ Donor Network, Inc., No. 156669/12, 2016 WL 1251204 (N.Y. Sup. Ct. Mar. 28, 2016), the plaintiff was terminated from his position as a probationary Transplant Coordinator of the New York Organ Donor Network. Plaintiff claimed that he was fired after making complaints that defendant’s employees were procuring organs from individuals…

Read More Court Orders Discovery of Other Employees’ Personnel Records in Whistleblower Retaliation Case
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In a recent decision in the case of Vale v. Great Neck Water Pollution Control District, 14-cv-4229 (E.D.N.Y. Jan. 8, 2016), a disability discrimination and retaliation case, the court denied the motion of a non-party – a person who had allegedly discriminated against other employees, but who never worked with or supervised plaintiff – to…

Read More Testimony of Non-Party Prior Employee (and Alleged Discrimination Victim) is Relevant in Disability Discrimination and Retaliation Case, Court Rules
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In Henry v. Morgan’s Hotel Grp., Inc., No. 15-CV-1789 (ER)(JLC), 2016 WL 303114 (S.D.N.Y. Jan. 25, 2016) – a race and sexual orientation discrimination case – the court quashed subpoenas seeking documents from plaintiff’s prior employers. Specifically, the court quashed the subpoenas because they (1) failed to provide adequate notice, (2) would cause prejudice to plaintiff,…

Read More Court Quashes Subpoenas Seeking Documents Held By Discrimination Plaintiff’s Prior Employers
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