The Road to Discovery: Getting Critical Information in a Single Plaintiff Discrimination Case | Practical Law

The Road to Discovery: Getting Critical Information in a Single Plaintiff Discrimination Case | Practical Law

Guidance for employers' counsel preparing to take discovery in a single plaintiff employment discrimination case, including taking the plaintiff's deposition and serving document requests and interrogatories.

The Road to Discovery: Getting Critical Information in a Single Plaintiff Discrimination Case

by Practical Law Labor & Employment
Published on 13 May 2014 • USA (National/Federal)
Guidance for employers' counsel preparing to take discovery in a single plaintiff employment discrimination case, including taking the plaintiff's deposition and serving document requests and interrogatories.
Discovery and fact development is usually extremely important in single plaintiff employment discrimination cases because they are typically fact intensive and of a "he said, she said" nature. The main purpose of discovery is for each party to learn as much as possible about the other party's claims and defenses, including to:
  • Gain an understanding of each party's specific claims, defenses and theories of the case and identify their strengths and weaknesses.
  • Develop the factual record in preparation for summary judgment motions and trial.
  • Avoid surprises later in the case.
  • Identify potential witnesses and evaluate their credibility and effectiveness.
  • Gather, review and authenticate documents.
  • Facilitate settlement discussions.

Taking the Plaintiff's Deposition

The plaintiff's deposition is often a powerful discovery tool because it gives the employer's counsel an opportunity to ask the plaintiff directly about his allegations and the facts underlying his claims. The plaintiff's deposition testimony also frequently plays a significant role in settlement negotiations and summary judgment motions. Preparing for the plaintiff's deposition involves:
  • Noticing and scheduling the deposition.
  • Understanding the law and facts at issue in the case.
  • Preparing the deposition outline.
  • Anticipating issues that may arise during the deposition, such as objections from the plaintiff's counsel and privilege issues.
Practical Law has published resources to assist employers' counsel in preparing for a plaintiff's deposition, including:

Written Discovery

One of the most significant ways to learn about a case is to review documents and information relevant to the claims. Employers' counsel frequently use written discovery to learn about:
  • The identity of potential witnesses.
  • The plaintiff's calculation of damages.
  • Facts underlying the plaintiff's allegations.
Practical Law has published guidance on interrogatories and document requests, including:
For more information about employment discrimination in general, see Practice Note, Employment Litigation: Single Plaintiff Employment Discrimination Cases and Anti-discrimination Laws: State Q&A Tool.