In employment discrimination cases in New York, a plaintiff will often allege that an employer treated the plaintiff differently than other employees in similar situations or positions. In such instances, evidence of such unequal treatment is critical to proving an employer’s liability. Employers may be reluctant to share certain documents and records, however, and may argue that they are either irrelevant or privileged. A plaintiff’s right to obtain materials necessary to the prosecution of a case were discussed in an opinion recently delivered by a New York court, in which an employer objected to the employee’s discovery requests seeking employment records. If you are the victim of discrimination in the workplace, it is advisable to meet with a trusted New York employment harassment attorney to assess what evidence you may need to prove liability.
The Plaintiff’s Allegations and Discovery Requests
Reportedly, the plaintiff was employed by the defendant as a safety manager on a project involving the renovation of a train station. The plaintiff was terminated approximately two months after she was hired. The defendant cited habitual lateness and other issues pertaining to the plaintiff’s performance as the reason she was terminated. The plaintiff filed a lawsuit against the defendant, alleging that her supervisor sexually harassed her throughout the course of her employment, and her rejection of his advances was the actual reason for her termination.
Allegedly, during the course of litigation, the plaintiff sent the defendant discovery requests, seeking documents regarding other employees who had engaged in or been terminated for engaging in the same conduct that the defendant alleged led to the plaintiff’s firing. The defendant opposed the requests, and the plaintiff filed a motion to compel. The court granted the motion in part, only ordering the defendant to produce information regarding other employees who were terminated for the same reason as the plaintiff. The plaintiff appealed.