Q & A Session – Depositions in EEO Hearings

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

Do agencies dislike putting their managers in the “hot seat” for a deposition in an EEO hearing? I realize the pressure of a deposition on a manager, because I will be asking very specific, pointed questions that the investigator did not ask during his investigation.

Do most agencies settle before the actual deposition takes place or right after when they see how poor the manager performed at the deposition?

A:

Depositions are a common and authorized discovery alternative. Whether agencies settle or experience discomfort with managers being deposed varies from case-to-case and agency-to-agency.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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