Sample sexual harrassment deposition-Deposition Questions and How to Handle Them | NJ NY Employment Law

Questions for learning about employee handbook, harassment training, relationship with plaintiff, job criticisms, and human resources investigation. It is also the only real opportunity you will have before the harasser takes the witness stand to hear directly from him as to the events that led up to the lawsuit. This information is critical in sexual harassment cases, where there frequently is an absence of witnesses to the sexually harassing conduct. Fine tune that plan in light of discovery received. Generally you will need to cover the following topics with the alleged harasser:.

Some of your Sample sexual harrassment deposition might include:. Witnesses to this conduct? As such, keep your answers truthful even when they do not inure to your benefit. By whome? SinceJames Publishing has provided practical law books that are loaded with time-saving motions and pleadings, client letters, and step-by-step procedural checklists, pattern arguments, model questions, pitfalls to avoid, and practice tips. What reason did she give? See Forrest v. Related Attorneys David S. Have sexua, discussed these allegations with your supervisor? Since that time, he has exclusively practiced in the field Dating personals single site yahoo employment law.

Heavenly thumbs. Careful Planning of Deposition Results in Dismissal of Retaliation and Discrimination Claims

Did you attempt to communicate with the plaintiff? What are the dates of each Rubber welting Sample sexual harrassment deposition he purportedly attended? What was discussed when you received this charge? We've also sent you an email with a link to your trial account. Following your two-update pre-paid period, you can expect modest price increases over the current retail price. How often did the plaintiff have to perform those functions? More favorable than plaintiff? A deposition is a process of gathering information, so the single Sample sexual harrassment deposition important task for you during the deposition is to listen to the answers. Schleier has been recognized continuously by Best Lawyers in America since Non-sexual harassment includes any comment, action, or type of behavior that is threatening, insulting, intimidating, or discriminatory and upsets the workplace environment. Although an employer is not required to find other positions within the company for employees who may be laid off i. These could include: 7. Jones died of complications from that disease in September ? JTM Indus.

It is comprised of a question and answer conversation between an attorney who represents one of the parties in a lawsuit and a witness who has information that may be helpful in the suit.

  • It is crucial to have the supervisor establish the rationale and reasons for all actions taken by the employer that form the basis for a termination, discrimination or harassment claim, to prevent the employer from later changing its story.
  • Because of the critical role the Human Resources representative often plays in the events giving rise to the litigation, his deposition testimony can be outcome determinative at summary judgment.
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  • Questions for learning about employee handbook, harassment training, relationship with plaintiff, job criticisms, and human resources investigation.
  • What is considered sexual harassment at work?
  • It is comprised of a question and answer conversation between an attorney who represents one of the parties in a lawsuit and a witness who has information that may be helpful in the suit.

It is crucial to have the supervisor establish the rationale and reasons for all actions taken by the employer that form the basis for a termination, discrimination or harassment claim, to prevent the employer from later changing its story. Explore relevant documents with the supervisor so that his explanation of the paper trail developed by the employer is secured under oath.

In virtually every discrimination or harassment case, some or all of the prima facie elements—that the plaintiff i belonged to a protected class, ii was performing satisfactorily, and iii suffered adverse employment action—should be established through the supervisor.

Follow this with questions to establish that the witness has always been honest in his dealings with the supervisor. See Rodgers v. Bank , F. United Parcel Service, Inc. If, for example, the plaintiff has an extensive disciplinary history and the misconduct of the comparator is his first offense, this difference may prevent the court from finding that the comparator is similarly situated.

See Forrest v. Kraft Foods, Inc. Consequently, when deposing the supervisor on the issue of pretext and similarly situated comparators, counsel should thoroughly explore whether the alleged comparators:. In addition, explore the alleged reasons for the more favorable treatment by the employer. By raising doubts as to truthfulness and evidence supporting the alleged reasons, summary judgment can often be defeated.

In employment cases, the employer is typically held to a very high standard when it comes to disciplining and firing employees, especially when the employer has clear written policies that control the types of adverse employment actions at issue. Moreover, jurors expect documentation in the form of training sessions on policies and procedures, written warnings, and counseling sessions before adverse employment action is taken.

If these types of documentation do not exist and the supervisor is going to justify the adverse employment action on poor performance, question the supervisor regarding his explanations for the lack of documentation. In most cases, the supervisor is expected to carry the defense case on his shoulders.

During the deposition, you can observe the attitude, demeanor and manner in which the supervisor testifies and evaluate what kind of witness he will be at trial. Through extensive cross-examination, you can learn the potential subject matter areas where the supervisor is most vulnerable, which areas can be exploited during trial.

These potential weak areas then become the focus of attack during cross-examination at trial. Did supervisor warn plaintiff of employment deficiencies prior to adverse employment action? Acknowledge plaintiff was good employee. Personnel policies and procedures re: discrimination, harassment. Training supervisor received re: company personnel policies and procedures generally and, specifically, policies and procedures governing discrimination and harassment.

Nature of working relationship with plaintiff before alleged discriminatory or sexual harassment activity. Facts pertaining to adverse employment action e. Has any other employee engaged in similar misconduct giving rise to the underlying employment action? Discovery of personnel files of similarly-situated employees. The request for these files is typically met with objections by the employer claiming a right to privacy by those employees, the files are irrelevant and not reasonably calculated to lead to admissible evidence, etc.

However, privacy statutes or concerns should not trump discovery rights in employment cases in federal courts. In Manning v. General Motors, F. See also Knoll v. American Telephone and Telegraph Co. Motel 6, F. Ohio ; Carson v. Boeing Co. Breaux, F. Conversations with witnesses identified by plaintiff in disclosure statements or discovery concerning underlying facts claimed by plaintiff. For each incident statements, gestures, sexual innuendoes, other verbal conduct, physical conduct alleged:.

Review all retaliatory acts and the timing of these acts in relation to the protected activity:. White, U. Suppose a married couple both work for the same employer. The husband makes or supports a claim of race discrimination, and the employer then fires his wife in retaliation for his conduct.

Can an employer punish the spouse of an employee who opposes illegal discrimination? There is a split of authority among federal courts regarding whether a plaintiff may assert a claim for retaliation when his employer targets him for an adverse employment action because of the protected activity of a third party, such as a friend or relative.

Some cases hold that recognizing such a cause of action furthers the purpose of federal anti-retaliation law. See, e. Total System Services, Inc. University of Cincinnati, F. Ohio Edison Co. Cisneros, 84 F. Thomas, et al. Fishkill Corr. Facility, F. Nalbandian Sales, Inc. Richfield Co. Reinhardt, F. However, many federal courts which have considered the issue have refused to recognize third-party retaliation claims as valid causes of action under federal anti-retaliation laws.

Mercy Hosp. Riceland Foods, Inc. JTM Indus. Green Thumb Landscaping, Inc. Maricopa County , WL D. TJX Cos. Bojangles Rest. Genmar Holdings, Inc. International Bus. There have been several recent cases involving ADAassociation discrimination claims. A recent example is Dewitt v. Proctor Hosp. Another ADA association discrimination expense claim is Trujillo v. May 7, In that case, husband and wife plaintiffs alleged they were fired because their son had costly medical bills associated with his ultimately fatal cancer.

The company alleged instead that they were fired for timesheet fraud. The court rejected the defense argument that plaintiffs had to have direct evidence that the company was monitoring the individual costs being incurred by their son, finding that they only need evidence from which such monitoring can be reasonably inferred.

Although the company had progressively disciplined similarly situated employees for the same or equally serious offenses, it immediately terminated the Trujillos. Although the couple together served PacifiCorp for 28 years, they were never given the benefit of the doubt during the investigation.

Rather, the company seemingly relied only on evidence to the detriment of the Trujillos and failed to interview key witnesses.

In many cases, once an employee files a discrimination lawsuit, the employer will file a counterclaim against the plaintiff for breach of fiduciary duty, breach of contract, civil conspiracy, etc. However, legal proceedings can constitute actionable retaliation if they are filed against an employee in response to the employee asserting statutory workplace rights. Forrester Clinic S. Dimarzio, Inc. Tectum, Inc. Ohio counterclaim alleged to be retaliatory citing EEOC v.

Outback Steakhouse of Florida, Inc. Ohio same ; Cozzi v. Pepsi-Cola Gen. Bottlers, Inc. June 6, state court fraud lawsuit alleged to be retaliatory ; Jones v. Ryder Servs. Taco Bell of Am. Ohio ; Urquiola v. Linen Supermarket, Inc. Virginia Carolina Veneer Corp. The FCA is a federal statute which authorizes private individuals as well as the government to bring suit against federal contractors allegedly defrauding the government.

See 31 U. The retaliation provisions of the FCA protect whistleblowing employees of such contractors from being retaliated against as a result of their participation in a FCA investigation or lawsuit. See Zahodnick v.

Was the health benefit Westview provided to its employees while Ms. Non-sexual harassment isn't limited to these examples. Job Searching Career Advice. We believe that everyone has the right to feel safe and comfortable at work, and we are dedicated to giving organizations the most effective tools available to make sure their employees know they feel that way too. What are the dates of each training session he purportedly attended? Obtain the facts of each alleged incident of sexual harassment.

Sample sexual harrassment deposition. Show more course options

Questions you may ask that pertain to this include:. Questions on this issue might include:. It may be helpful to ask follow-up questions regarding corporate procedures for wrongful termination cases. These could include:. Has any other employee engaged in misconduct similar to this employee, and was that other employee disciplined?

When and how? This could be explored and may even show a sense of discrimination towards the employee. Some of your questions might include:. Was there a social relationship outside of the workplace between the plaintiff and the supervisor?

Did the plaintiff ever indicate that they no longer wanted to have a relationship with the supervisor outside of the workplace? As a Washington DC workers compensation lawyer knows, it can be crucial to take the time during a deposition to explore all possible avenues in order to build a case that is more likely to win a settlement for the plaintiff if their rights have been abused. This type of protection for employees is one of the foundations of our legal system, and it is your job to help every employee secure their rightful protection under the law.

Call in The Supervisor In many cases of wrongful termination, sexual harassment is an issue. Key questions that you can ask of a supervisor during a deposition whether the termination had anything to do with harassment or not might include: 1. Questions you may ask that pertain to this include: 3. Was the employee ever given a good performance evaluation? Were any disciplinary actions ever taken against this employee?

Questions on this issue might include: 5. Although an employer is not required to find other positions within the company for employees who may be laid off i. Explore whether, as a result of the layoff, the Human Resources representative received additional compensation in the form of bonuses, stock options, a salary increase, etc. Money is a great motivator. This line of questioning may reveal a financial incentive and consequent bias on the part of the H.

In most cases, the supervisor will not make the final decision on accommodation, but will look to the Human Resources department for guidance and instruction. Ask the supervisor narrower questions focused more on the individual employee.

Over the course of his career, he has litigated virtually every type of employment case against private employers and public entities in the state and federal courts of Arizona, including: wrongful discharge, whistleblowing and statutory retaliation claims; Title VII claims for sexual, racial, and ethnic harassment and constructive discharge; gender, religion, age and disability discrimination claims; First Amendment free speech and due process claims; and disputes concerning noncompetition covenants, trade secrets, wages and executive employment contracts.

Schleier is a partner in the law firm of Schleier Law Offices, P. After your initial order, all updates will be automatically shipped to you, along with a payment receipt.

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Use Discovery to Formulate Hypothetical Questions If discovery has revealed information from other witnesses that the Human Resources representative did not discover or elicit during his investigation months or years earlier, ask hypothetical questions about that information.

Questions for learning about employee handbook, harassment training, relationship with plaintiff, job criticisms, and human resources investigation. It is also the only real opportunity you will have before the harasser takes the witness stand to hear directly from him as to the events that led up to the lawsuit. This information is critical in sexual harassment cases, where there frequently is an absence of witnesses to the sexually harassing conduct.

Fine tune that plan in light of discovery received. Generally you will need to cover the following topics with the alleged harasser:. Review your deposition outline with the plaintiff, who may have valuable insight into other areas for discussion.

Thoroughly review the documents produced by the employer and the alleged harasser. A deposition is a process of gathering information, so the single most important task for you during the deposition is to listen to the answers.

While the deposition outline you have prepared is valuable, it is not a document brought down from the Mount by Moses. It may take you into areas you had not anticipated, but keep going and see where the testimony takes you.

Imagine your embarrassment later when you discover the following exchange in the transcript:. Although the testimony will vary from case to case, depending on the facts, in most cases you will want to cover the following areas of inquiry with the alleged harasser:. Ask detailed questions about previous employers names, addresses, dates of employment, reasons for leaving, claims of sexual harassment. Attempt to elicit performance problems at other employment which may correlate with the very problems your client experienced with him.

For example, was he previously fired or reprimanded for sexual harassment or similar conduct? Ask if he maintains any personal or social relationships with any former supervisors or co-workers. Inquire about his job duties, and get an exhaustive description of his daily job responsibilities.

What is the extent of his authority to hire, promote, transfer, terminate employees, assign work, evaluate performance, give salary increases and discipline employees? What was the extent of his authority over the plaintiff? Obtain the facts of each alleged incident of sexual harassment. Can the alleged harasser explain the discrepancies?

How does he excuse these events? Ask about incidents of sexual harassment toward other employees. Learn the facts regarding any incident of sexist comments or actions by the alleged harasser.

The conduct of the harasser in regard to other women is probative of sexual bias and relevant to a sexual harassment lawsuit. Taylor v. VirginiaUnion University, Johnson v. Case , U. Ask him to describe, using specific examples, the type of behavior or conduct the policy prohibits.

Describe for him examples of sexual harassment as experienced by your client and ask if, based upon his understanding of the policy, such conduct is prohibited at the workplace. What training has the alleged harasser received regarding sexual harassment in the workplace?

What are the dates of each training session he purportedly attended? What happened at each, e. False statements or half- truths on employment applications submitted to the defendant or to previous employers will be valuable.

Often these documents contain frequently in very tiny print, but there nonetheless statements to the effect that the applicant is swearing that all information is the gospel truth. If the harasser lied on his employment application, your line of inquiry is whether he thinks it is appropriate to lie to his employer, has he done it since he got the job, does he think that giving a partially truthful answer is acceptable, etc. Have you been divorced? Have you had a marriage annulled?

Have you entered into an agreement with anyone regarding this lawsuit? Is the company paying for your legal expenses? If so, how much? Is there a cap on the amount of legal fees? What is that cap? Did the company advise you that you needed to retain separate counsel? Have you ever filed bankruptcy?

What court? What was the outcome? Details of educational background:grade school, high school, college, post college. What training classes have you taken with any employer? Sexual harassment training, Title VII training. Any discrepancies between any job application or other document which the deponent has filled out with the current employer, or prior employers, and the sworn testimony?

In each supervisory position, were you responsible for administering, monitoring Title VII management duties? Did you supervise any employees? What were the positions of the persons you supervised? Identify as exhibits any performance evaluations that address job criticisms of alleged harasser. Has any employee prior to the plaintiff accused you of inappropriate conduct? Did you receive any other types of training concerning employment discrimination?

What is your understanding of your obligations as a manager if you are confronted with an allegation of sexual harassment? Is it your understanding that sexual harassment allegations should be reported to someone else in the organization?

Prior to your supervision of the plaintiff, did you know of any job criticisms of her work? What was discussed? What did you say to her? What did she say to you? Did you attempt to communicate with the plaintiff?

Did you ever send emails to the plaintiff that were not related to business? Did you give any non-business related emails to allegations became known? Why not? Did they ask you for any emails? Please review the charge and advise as to what you consider to be inaccurate in the charge.

Your position is that the plaintiff has fabricated these allegations. Why do you think that? Have you asked any person for a written statement? Has your attorney? Have you taken notes of any conversations? Recorded any conversations? Do you keep any kind of journal, diary or day planner? Were you aware of her allegations concerning sexual harassment when you issued her performance improvement plan?

Why did you not write up the performance improvement plan until after you learned of her allegations? Have you ever observed the plaintiff distressed or distraught in your presence? Did anyone else ever talk to you about the plaintiff being upset at work? What was said? What did you say? The firm represents both plaintiffs and employers in employment discrimination and labor-related issues. Hubbard is a frequent speaker on employment discrimination issues.

She was co-counsel on the case of Marek v. Chesney , U. Hubbard has tried numerous jury trials to verdict in federal courts. Generally you will need to cover the following topics with the alleged harasser: Background information; Employment history; Working relationship with the plaintiff; Personal relationship with the plaintiff; Each incident of alleged harassment; Each element of each cause of action alleged; Each alleged affirmative defense.

They are just so cute. Has the harasser ever seen or reviewed the policy? When did he first review the policy? Where has he seen and reviewed the policy e. Did he sign an acknowledgment form upon receiving a copy of the policy? This question should determine whether the employer periodically re-issues the policy. Are you presently married? Do any of your children work? What is your citizenship? Have you been authorized to work in U. Do you have proof of authorization to work in U.