Employee Information
Discovery of Evidence



Evidence that is created by a party that is relevant to a discrimination case may usually be discovered by the opposing party in litigation, and possibly administrative proceedings. During discovery a party may seek not only admissible evidence, but also evidence that is reasonably calculated to lead to the discovery of admissible evidence. The evidence may include things that a party may not expect to be disclosed, like personal notes, drawings, calendars, electronic mail, and computer files. The scope of questioning in depositions is also broad. The employer's attorney may question complainants about their education and employment history, other discrimination cases they have been involved in, and their record of felony convictions. If the complainant seeks compensatory damages for emotional distress, the employer's attorney may ask the complainant about their emotional condition and medical treatment. There are privileges that may protect some evidence from disclosure; for example, communications with attorneys that are covered by the attorney-client privilege. Complainants should seek legal advice if they have questions about the discovery of evidence.

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