You’ve filed a discrimination or harassment lawsuit—now what? The next phase, discovery, is where the real battle begins. It’s often the most time-consuming part of litigation, and it can make or break your case.
What Is Discovery?
Discovery is the court-supervised process where both sides exchange information about the claims. In plain English, it’s your chance to uncover the facts you need to prove your employer discriminated against you—and your employer’s chance to test your story.
Courts allow discovery into any non-privileged matter that’s relevant and proportional to the case, weighing factors like:
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The importance of the issues at stake
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The amount of money involved
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Each side’s access to information and resources
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Whether the burden of producing the information outweighs its value
Bottom line: discovery is about pulling together the evidence that will win (or lose) your case.
The Big Three Discovery Tools
Most discovery in employment cases happens through three methods:
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Depositions – sworn, in-person questioning of you, your supervisors, and other witnesses.
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Interrogatories – written questions you must answer under oath, often about your allegations and potential witnesses.
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Requests for Documents – demands for emails, personnel files, performance reviews, pay records, and more.
Federal rules usually limit each side to 10 depositions (max 7 hours each) and 25 interrogatories, though local court rules may impose stricter limits.
What Each Side Wants
During discovery, you and your employer will both be digging deep. Expect requests like:
From your employer:
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Prior complaints you made (internally or to the EEOC)
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Witnesses you’ve spoken with about the discrimination
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Documents supporting your claims
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Details on your damages (lost pay, emotional distress, etc.)
From you:
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Your personnel file and performance reviews
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How your coworkers were treated in comparison
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Other complaints of discrimination against the company
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Records of the company’s investigation into your complaint
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Emails, memos, or other communications about your claims
Each case is unique, but these categories are common battlegrounds.
Discovery Disputes and E-Discovery
Discovery often sparks fights. Employers may argue your requests are too broad, too costly, or too burdensome—especially with e-discovery (emails, digital files, old servers). On the flip side, employers often demand sensitive personal information from you, especially if you’re claiming emotional distress damages. These can include medical records, therapy notes, or even questions about past trauma.
Your attorney’s job is to push back on intrusive or irrelevant requests and make sure discovery stays focused on what truly matters.
The Proportionality Rule
Recent changes to federal rules added a proportionality standard, designed to prevent one side from forcing the other to spend massive amounts of time and money on minor disputes. But in practice, this has only fueled more arguments over what’s “proportional.”
Why You Need an Experienced Lawyer
Discovery is complex, invasive, and often overwhelming—but it’s also where cases are won. You need an attorney who knows how to uncover damaging evidence against your employer while protecting your privacy.