Deposition Questions
(Discrimination, Harassment, or Retaliation) (Defendant to Plaintiff)

Summary

This template contains essential deposition questions for use by a defendant in deposing an employment litigation plaintiff to explore allegations of discrimination, harassment, or retaliation. This template includes practical guidance and drafting notes. This template is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. This template should be tailored to the allegations in a particular case. For resources on employment litigation and discovery, see Employment Litigation Resource Kit, and Employment Litigation Discovery Resource Kit. For a full listing of key content covering depositions in employment cases, see Depositions in Employment Cases Resource Kit. For information on depositions in employment litigation, see Deposing Plaintiffs in Employment Litigation, Depositions: Preparing for and Taking a Deposition (Federal), Depositions: Preparing to Depose the Plaintiff Checklist (Federal), Deposing & Examining Emp. Witnesses § 2:12, Employment Litigation § 6.03, and Employee Rights Litigation: Pleading and Practice § 2.07. See also Deposition Questions (Workplace Harassment) (Plaintiff to Defendant) and Deposition Questions (Discrimination & Retaliation) (Plaintiff to Defendant). For other deposition questions regarding discrimination, harassment or retaliation, see Lit. Employment Disc. Cases Form 6I-3. [>] Videos. For a video suite on employment litigation depositions, see Depositions of Plaintiff Employees Video, Depositions of Supervisory Witnesses Video, and Depositions under Rule 30(b)(6) in Employment Cases Video.