Ciera Ambrose and Edgar M. Rivera, Esq.
To show employment discrimination, Plaintiffs often rely on communications between them and their employer. Because email is the primary mode of communication in professional settings, often the only evidence of discrimination is contained in an email. For example, emails may contain correspondence between company decision-makers engaging in discriminatory practices. Without such emails, Plaintiffs lose the opportunity to fully present evidence of their employers’ bad acts.
Rule 26 of the Federal Rules of Civil Procedure reflects email’s important role in communication, requiring parties to a lawsuit to have access to each other’s electronically stored information (“ESI”). Examples of ESI include emails, instant messaging chats, documents, accounting databases, CAD/CAM files, Web sites, and any other electronic information that could be relevant evidence in a lawsuit.