Doug Austin, eDiscovery Today: So Much ESI is “Fair Game” When It Comes to Employment Litigation

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Extract from Doug Austin’s article “So Much ESI is “Fair Game” When It Comes to Employment Litigation”

Perhaps one of the most common types of eDiscovery case law rulings that I write about relates to employment litigation. Employment disputes are common and many of them lead to litigation, which leads to discovery of ESI to support or refute the employment dispute claims. That ESI could be just about anywhere and so much of it is “fair game” when it comes to employment litigation.

Laws and Enforcement

Before we discuss potential sources of ESI, it’s important to understand a few of the laws designed to prohibit discrimination around which employment disputes lead to litigation and one very important government agency responsible for enforcing those laws.

Title VII of the Civil Rights Act of 1964: Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.

Age Discrimination in Employment Act (ADEA): ADEA forbids age discrimination against people who are age 40 or older.

Read more here