A federal judge presiding over an employment discrimination lawsuit will impose a sanction on the state government, but the state gets to choose between two sanctions.
The sanction will come in an ongoing lawsuit by the U.S. Equal Employment Opportunity Commission against the Kansas Department of Health and Environment.
U.S. Magistrate Judge Angel Mitchell on Oct. 6 ordered the sanction after KDHE belatedly turned over 22,738 pages of documents to the EEOC.
The documents were turned over on June 29, which was two days before discovery closed. But the deadline to turn over those supplemental disclosures was 40 days before discovery closed.
“KDHE’s production of documents on the eve of discovery was not substantially justified nor harmless,” Mitchell said in her order. “For these reasons, the court grants EEOC’s motion and orders KDHE to elect whether the late-produced documents will be excluded or whether EEOC may conduct further discovery regarding the late supplement at KDHE’s expense.”
The judge said: “The court does not find that KDHE necessarily acted in bad faith or willfully by not producing these documents sooner. However, it is incumbent on KDHE to ameliorate the prejudice to EEOC from KDHE’s late disclosure.”
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