Employers and in-house counsel facing class-wide litigation received a welcome opinion from the District of Colorado to kick-off the new year. In EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court approved a questionnaire for claimants to identify numerous sources of electronic information, including that which could be used to access social media accounts.
The case involves claims brought by the EEOC for sexual harassment, a hostile work environment, and retaliation under Title VII. The defendant sought discovery from a number of sources regarding the class members’ emotional and financial damages. In describing the requests for social media materials, the court described such services as a folder titled “Everything About Me” for each class member. The court agreed that discovery of additional social media content was relevant and should be produced based on some statements the defendant showed were on a plaintiff’s Facebook account.