Discovery in Employment Cases

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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2023 WL 5957075 (N.Y. Sup Ct, New York County Sep. 11, 2023), a hostile work environment/retaliation case, the court, inter alia, granted plaintiff’s motion to compel certain items of discovery. As to one such item, which frequently sought in discrimination cases, the court explained: Plaintiff…

Read More Court Orders Discovery of Prior Sexual Harassment Claims in Hostile Work Environment Case
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In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…

Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts
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In Harris v. Charlie Rose Inc., No. 154172/2018, 2021 WL 1345374 (N.Y. Sup Ct, New York County Apr. 05, 2021) – a lawsuit in which plaintiffs assert that defendant Charlie Rose subjected them to ongoing physical and sexual harassment including sexual touching, comments, and advances – the court granted, in part, plaintiff’s motion to compel discovery. From…

Read More Discovery Compelled, in Part, in Charlie Rose Sexual Harassment Case
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In Mascaro v. Brant Publications, Inc., No. 152662/2019, 2020 WL 5229247 (N.Y. Sup Ct, New York County Aug. 28, 2020) – in which plaintiff asserts claims for age and disability discrimination under the New York State Human Rights Law – the court denied plaintiff’s motion (pursuant to CPLR 3124 and 3126) to compel responses to…

Read More Pre-Preliminary Conference Discovery Motion Denied in Age/Disability Discrimination Case
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While relatively short, the First Department’s recent decision in Donovan v. NYC Housing Authority, 2019 N.Y. Slip Op. 09394, 2019 WL 7173616 (N.Y.A.D. 1 Dept., Dec. 26, 2019), is instructive on the scope of medical discovery that courts will allow/disallow in an employment discrimination case. The court below had issued an Order denying defendant’s motion,…

Read More Court Orders Medical Discovery in Employment Discrimination/Retaliation Case
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In Taylor v. Metropolitan Transportation Authority, 18-CV-1278, 2019 WL 2766502 (S.D.N.Y. July 2, 2019), the court discussed a common discovery issue in employment discrimination cases, namely, the extent to which a plaintiff may obtain through discovery entity-wide complaints of discrimination. In this case, plaintiff asserts claims of discrimination and retaliation, and specifically that her supervisor…

Read More Court Denies Motion to Compel Discovery of Religious Discrimination Complaints, Pending Supplemental Information Relating to FRCP 26(b)(1) Proportionality
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In Kong v. Morrison-Tennenbaum PLLC, 2019 NY Slip Op 30529(U), 156864/2016 (Sup. Ct. NY Cty. March 1, 2019), an employment discrimination case, the court determined that various “requests to admit” were improper. Judge Chan discussed the parameters of this disclosure device: A notice to admit “is to be used only for disposing of uncontroverted questions…

Read More Court Strikes Requests to Admit in Employment Discrimination Case
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In O’Halloran v. Metropolitan Transp. Auth., 2019 NY Slip Op 01318 (App. Div. 1st Dept. Feb. 21, 2019), an employment discrimination case, the Appellate Division, First Department unanimously affirmed the lower court’s decision granting plaintiff’s motion (pursuant to CPLR 3124) compelling the defendant to provide certain discovery. Citing New York CPLR 3101(a) and relevant case law,…

Read More Order Compelling Discovery in Employment Discrimination Case Affirmed
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In Daughtry v. Fedcap Rehabilitation Servs. Inc., 2018 NY Slip Op 32857(U), Index No. 152108/2016 (Sup. Ct. N.Y. Cty. Nov. 8, 2018) – a race/criminal conviction discrimination case – the court, inter alia, held that plaintiff was not entitled to a deposition of the defendant’s CEO. The court, therefore, granted defendant’s motion for a protective order under…

Read More Deposition of CEO Denied in Criminal Conviction Employment Discrimination Case
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