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Employment Litigation Discovery Toolkit
Practical Law Toolkit w-002-7200 (Approx. 17 pages)
Employment Litigation Discovery Toolkit
by Practical Law Labor & Employment
| Maintained • USA (National/Federal) |
Resources to help counsel handle fact discovery in employment litigation cases, including claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), and restrictive covenant litigation. This Toolkit includes resources addressing the scope of discovery, discovery planning, e-discovery and proportionality, discovery tools including document requests, interrogatories, depositions, and independent medical exams (IMEs), and damages discovery.
Fact discovery in employment litigation can be complex, costly, and challenging. Given the fact-intensive nature of most employment disputes, the burdens of discovery often fall disproportionately on the employer. This Employment Litigation Discovery Toolkit offers a variety of resources that provide guidance on discovery under the Federal Rules of Civil Procedure (FRCP) in the employment context, including resources about the scope of discovery and discovery planning, e-discovery, damages discovery, and specific discovery devices such as:
- Depositions under FRCP 30.
- Document requests under FRCP 34.
- Interrogatories under FRCP 33.
- Independent medical examinations (IMEs) under FRCP 35.
For more information on litigating employment discrimination cases generally, see Practice Note, Employment Litigation: Single Plaintiff Employment Discrimination Cases and Employment Litigation: Single Plaintiff Employment Discrimination Toolkit.
For more information on litigating wage and hour disputes, see Practice Note, Defending Wage and Hour Collective Actions Under the FLSA: Overview and Wage and Hour Claims Toolkit.
For more information on litigating trade secret and restrictive covenant disputes, see Practice Notes, Trade Secret Litigation and Preparing for Non-Compete Litigation.
Document Discovery
For federal sector resources, see Federal Sector Discovery Resources.