Griffith v. Wal-Mart Stores, Inc.
Griffith v. Wal-Mart Stores, Inc.
Opinion of the Court
MEMORANDUM ORDER
On May 30, 1995, plaintiff filed a motion to compel discovery from the defendant, seeking the “personnel, appraisal and discipline files” of three managerial employees who were involved in the events leading to plaintiff’s termination, which termination plaintiff alleges was discriminatory in nature. Defendant has filed a response, opposing plaintiff’s discovery request on grounds of relevancy.
The court has examined the case law on this frequently contested discovery issue and
The defendant attempts to distinguish Avco on the basis that the plaintiff in this case alleges only specific acts of discrimination rather than a pattern or practice of discrimination. However, the personnel files of the managerial employees may still be relevant to plaintiffs claims, since those files may contain documentary evidence of discriminatory acts against this plaintiff. Defendant’s reliance on Burka v. New York City Transit Authority, 110 F.R.D. 660 (S.D.N.Y. 1986) is likewise unavailing. In Burka, a case in which the personnel files were ultimately disclosed, the court noted that “full disclosure is most strongly warranted where a case is based on alleged violations of federally-protected civil rights.” Plaintiffs complaint in this case is based upon a similar federal law and strongly favors disclosure.
Accordingly, IT IS ORDERED HEREIN:
1. That plaintiffs motion to compel [Doc. # 25] shall be GRANTED, subject to a protective order;
2. That the parties shall make every effort to reach agreement on an appropriate protective order within ten (10) days of the date of this order;
3. That the defendant shall disclose the “personnel, appraisal and discipline files” of the three managerial employees as soon as possible, but in any event within fifteen (15) days of the date of this order.
Reference
- Full Case Name
- Clyde N. GRIFFITH v. WAL-MART STORES, INC.
- Cited By
- 3 cases
- Status
- Published