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National Litigation Hotline
Sex Discrimination Plaintiff Entitled to Appropriate Discovery
The Fifth Circuit has affirmed a grant of summary judgment against an employee who claimed that the federal district court had denied her appropriate discovery in her gender discrimination case. Audibert v. Lowe's Home Centers, Inc., 2005 WL 2850978 (5th Cir. Nov. 1).
Audibert began working with Lowe's Home Centers, Inc. (Lowe's) in February 2002 as a cabinet specialist. She was terminated 6 months later, and brought suit under Title VII for gender discrimination. Her complaint alleged that she was “supervised by white males who failed to provide her with adequate training, issued spurious disciplinary reports, stalked, watched, followed, spied on, talked to differently, harassed her throughout her tenure, and fired her on the basis of sex.” Audibert presented little evidence, only a two-page affidavit from her former supervisor at Lowe's. Further Audibert's discovery requests, which were very broad, were denied by the court (These included requests for “full records for several former co-workers,” and “biographical and statistical information for every Lowe's kitchen design employee in the United States”). The federal district court granted Lowe's motion for summary judgment.
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