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EEOC v. Sidley Austin production motion
January 25, 2007 by Ross Runkel at LawMemo
EEOC sued the Sidley Austin law firm back in 2005 claiming that the firm demoted a bunch of partners (which EEOC says are "employees") because of their age.
In the latest development, EEOC filed a motion to compel production of all complaints by clients against the demoted partners and all other partners during a four year period. [Motion to Compel Production]
Why?
It seems the law firm is claiming it demoted the partners because of complaints from clients. EEOC wants to see those complaints. EEOC also wants to see complaints against all other partners so there can be a match-up comparison to see whether the demoted partners were treated less favorably than others.
My view:
- Wall Street Journal Law Blog quotes a defense lawyer (not associated with the case) as saying EEOC did this to "harass" the law firm. Perhaps. However, it is normal litigation strategy for a plaintiff to want to see the evidence that supports the defense claim. It's also normal in a discrimination case to compare the facts relating to the plaintiffs to the facts relating to other similarly situated individuals. It's normal, common, and might be malpractice not to do it.
- What I do not understand is why the federal taxpayers are footing the bill for this litigation by the EEOC. The alleged discriminatees (demoted law firm partners) surely are not without funds to bring their own law suit. Compared to the average American's income, these folks have been pulling down huge amounts of income for decades. I say let them fund their own litigation. Let the EEOC focus on helping out the folks who really need help.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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