Commission on Human Rights and Opportunities ex rel. Taylor v. Salvation Army ARC
A complainant who files an affidavit of discrimination accompanied by a motion to compel must indicate why documents sought are pertinent and material to the allegations. Thaddeus Taylor filed an affidavit of discrimination that alleged that he received less pay and completed more work than a white, female counselor. Taylor also alleged that he was not promoted when a position became vacant and that a less qualified female applicant was hired. Taylor claimed that the respondent, the Salvation Army, did not want an African-American male to work in the position of senior counselor. The complainant filed a motion to compel the production of documents from the Salvation Army. Presiding Human Rights Referee Alvin Wilson found that Taylor failed to explain adequately why individuals' personnel files and daily sign-in rosters were pertinent to his discrimination claims. Taylor's statement that documents were necessary was conclusory. "Complainant failed to explain," wrote the presiding human rights referee, "why the personnel files of the numerous individual listed are relevant to his claims." The presiding human rights referee denied the complainant's motion to compel and invited the complainant to file a new motion to compel the production of personnel files that are material and relevant to establishing his discrimination claims, after he reviews pertinent statutes, regulations and orders that govern discovery.