Discovery in Employment Discrimination Litigation: What Defendants Can Request and Obtain from Plaintiffs

This practice note provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits under statutes including Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities (ADA), and the Age Discrimination in Employment Act (ADEA). Additionally, this practice note discusses a list of commonly disputed discovery issues stemming from employer discovery requests and effective responses to common objections.

This note addresses the following topics:

  • Federal Rule of Civil Procedure (FRCP) 26 Amendments
  • Discovery Employers Seek from Plaintiffs
  • Best Practice Tips and Considerations for Successful Discovery Requests
  • Object to Objections