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 a protective order, explaining:
Presumably, the Plaintiff submitted a resume at the time he was hired, and nothing in the opposing papers suggests any misrepresentation on the Plaintiff’s application. Upon such a showing, the Defendants may apply for an order directing the response sought.
The court, however, denied plaintiff’s motion regarding defendants’ request for documents regarding plaintiff’s efforts to seek new employment, reasoning that “Plaintiff has a responsibility to mitigate his damages.”