Schwartz Perry & Heller has obtained a decision preventing our client’s former employer from rummaging through her private medical records. Our client, Diana, was forced out of her position after she became pregnant.
During the discovery process, her former employer sought access to her OB/GYN records, speculating that such records “may show” that the distress Diana experienced after being pushed out of her job was actually post-partum depression. We fought back, arguing that the employer’s guesswork was not sufficient.
The Court agreed with us, issuing a decision on February 9, 2023, that denied the employer’s motion to compel our client to produce these medical records. The Court went so far as to conclude that the employer’s theory was “speculative” and that its request for Diana’s OB/GYN records was “a mere fishing expedition.”
We will continue to protect our client’s rights to privacy while at the same time fighting to vindicate their rights to be free from discrimination.