Employees' Rights: Your Practical Handbook to Workplace Law by Richard C. Busse

By Richard C. Busse

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DISCRIMINATION 17 Documents Your lawyer is entitled to ask the employer to produce certain documents after a case is filed. The court may compel their production if the employer refuses to cooperate. The employer’s documents that typically are requested and produced include: ◆ your personnel file; ◆ the personnel files of co-workers who you claim were given preferential treatment; ◆ the personnel file of the manager who fired you; ◆ the company’s personnel rules and regulations; ◆ any EEO training materials that the company uses; ◆ any past performance evaluations or critiques concerning you not included in your file; ◆ any disciplinary memoranda, if any, issued to you and your comparators; ◆ any other complaints of discrimination against the company; ◆ any intra-company memoranda issued between managers about you; ◆ data concerning the composition of the company workforce by race, sex or age; and, ◆ data concerning the race, sex, or age of the persons who were hired (in a discriminatory hiring case) or retained (in a discriminatory firing case) instead of you.

Two jurisdictions regulate discrimination purely on physical characteristics. Michigan bans discrimination based on height or weight. The District of Columbia, creating probably the most wide sweeping of all protected class categories, bans discrimination based on personal appearance. The number of employees in the employer’s workforce required to activate the legal protection afforded also differs from state to state. For example, in Missouri, the employer must have at least six employees. In Virginia, the employer is regulated only if they have 26 EMPLOYEES’ RIGHTS between five and fifteen employees.

Depositions of your former managers may show that at one time you were held in high regard. This raises a question as to the validity of the evaluation of the manager who fired you. Former managers may be unhappy with their own treatment by the company. They may have been pushed out by the manager who fired you. They may even have been the victims of discrimination themselves. They may have been the superior of your firing manager at one time, and they may be in a position to testify to that person’s strong and weak points, character traits, and reputation.

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