Wyatt Employment Law Report


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Court Allows Discovery of Social Networking Postings in Discrimination Case

By Debra H. Dawahare 

The United States District Court for the Eastern District of Indiana has recently ruled that complainants in a discrimination case must produce information posted on their MySpace and Facebook pages, in response to the defendant company’s discovery requests.  

In Equal Employment Opportunity Commission v Simply Storage Mgmt. LLC, et.al., 2010 WL 3446105 (S.D. Ind. May 11, 2010), the EEOC objected to these discovery requests: 

REQUEST NO. 1:  All photographs or videos posted by [complainant] or anyone on her behalf on Facebook or MySpace from April 23, 2007 through the present.

REQUEST NO. 2:  Electronic copies of [complainant’s] complete profile on Facebook and MySpace (including all updates, changes or modifications to [complainant’s] profile) and all status, updates, messages, wall comments, causes joined, groups joined, activity streams, blog entries, details, blurbs, comments, and applications (including but not limited to “How well do you know me” and the “Naughty Application”) for the period from April 23, 2007 to the present.  To the extent electronic copies are not available, please provide the documents in hard copy form.

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