Danielle Mailhoit began working at Home Depot as a cashier in 1991. By 2010, when she was

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Danielle Mailhoit began working at Home Depot as a cashier in 1991. By 2010, when she was fired by the company, Mailhoit had worked her way up to regional store manager. She alleged in a gender discrimination lawsuit that, during this period, an “old boys’ club” atmosphere prevailed at the company, and further promotions were denied to her. As a result of the sexist culture in her workplace, Mailhoit claimed in the suit, she suffered from post-traumatic stress disorder, depression, isolation, and had cut herself off from communication with friends. Home Depot argued that evidence from Mailhoit’s LinkedIn and Facebook accounts undermined these assertions of emotional distress, and asked the court to compel Mailhoit to provide all social media communications from 2005, when the alleged discrimination began, to 2010 that related to her mental state, including third party communications to provide context, and any photos posted by her or tagged as including her by others. Does Home Depot have a viable basis for this discovery motion?

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Employment Law for Business

ISBN: 978-1138744929

8th edition

Authors: Dawn D. Bennett Alexander, Laura P. Hartman

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