Scope of investigation of records of subsequent employment may be limited.

The plaintiff alleged that she was terminated in retaliation for testifying as a witness in another employee’s EEOC hearing and corroborating the allegations of race discrimination. As part of discovery, St. Joseph’s sought the records of the plaintiff’s subsequent/current employer, and the plaintiff objected, alleging that the mere inquiry could interfere with her employment situation. In denying St. Joseph’s request, the court concluded that the issue involved a balancing of interests and that St. Joseph’s had not established a sufficient basis for the inquiry given the plaintiff’s legitimate concern.

Case Law Alerts, 1st Quarter, January 2015