Blank v. Sullivan & Cromwell

16 Fair Empl. Prac. Cas. (BNA) 87 (S.D.N.Y. 1976)

Facts:

• ¶s are women attorneys who applied for positions in r law firm around 1970.

Procedural History:

• Complaint alleged sexual discrimination in hiring
• ¶ discovery sought in interrogatories was denied because it was “not relevant to the subject matter of the suit.”

Court orders defendant to respond

Issue:

Whether information about an employer’s labor hierarchy is discoverable under Rule 26 for a sexual discrimination case.

Holding:

Information about an employer’s labor hierarchy is discoverable under Rule 26 for a sexual discrimination case, because it may reflect the employer’s hiring practices.

Rule:

Rule 26

Rule(s) of Law:

Rule 26: “a party is entitled to discovery, not only of material which is relevant and admissible at trial, but also of information that “appears reasonably calculated to lead to the discovery of admissible evidence.”

“general info. on r’s labor hierarchy may be reflective of restrictive or exclusionary hiring practices within the contemplation of the statute.”

New Information, questions, etc:

Standard for judge’s ruling is abuse of discretion and cannot be objected to after the trial.