Disability Discrimination – Electronic Discovery Law

Maurer v. Sysco Albany, LLC (N.D.N.Y. 2021)

May 27 2021

Key Insight: Plaintiff’s Motion to Compel Defendants to produce electronically stored information responsive to specific keyword searches as well as predictive coding. Defendants opposed the Motion on the basis that the information sought was overbroad, and not proportional or relevant to the litigation. Defendants proposed their own electronically stored information “search protocol”.

The Court partially granted Plaintiff’s Motion, allowing specific keyword searches and search methods requested by Plaintiff. Notably, the Court granted Plaintiff’s request to utilize predictive coding in the search for electronically stored information.

Nature of Case: Wrongful Termination, Disability Discrimination

Electronic Data Involved: Electronic Documents, Emails,

Case Summary

Houston v. Southwest Airlines (N.D. Tex. 2020)

Feb 18 2020

Key Insight: The litigation was over employment discrimination based on disability. Plaintiff brought the suit pro se. After Plaintiff failed to time respond to Defendant’s discovery requests, Plaintiff filed a Motion for Summary Judgment that was primarily based on Defendant’s failure to produce evidence of her claims a Motion for CR 11 sanctions was also filed.

Defendant based its Motions on Plaintiff’s failure to produce evidence of her purported disability, that she provided notification to her employer of the disability and/or that her employer failed to provide reasonable accommodation for her purported disability. The Magistrate Judge recommended that the Court grant Defendant’s Motion and dismiss all of Plaintiff’s claims and causes of action with prejudice. However, the Judge did not recommend imposing CR 11 sanctions against Plaintiff.

Nature of Case: Employment Discrimination, Disability Discrimination

Electronic Data Involved: Surveillance Videos

Case Summary

Tag:Disability Discrimination