Writ of certiorari, discovery, privacy, discrimination, race, right of privacy

CAC-Ramsay Health Plans Inc. seeks a review of a trial court order ordering discovery of employee records. Former employee Cary J. Johnson requested the records as part of an employment discrimination action in which he alleged wrongful termination based on his race.

Florida Trial Court ordered CAC to produce employee records, including applications, evaluations, background investigations, letters of reference, complaints, commendation, grievances, reprimands, counseling, pay records and other personal data for all black and Hispanic employees.

CAC wins; Third District Court of Appeals quashed the order under review, holding that producing complete files of virtually all black and Hispanic employees "would reveal extensive personal information which is not reasonably calculated to lead to the discovery of admissible evidence." On remand, the appeals court suggested a more narrowly fashioned discovery order that ensured Johnson access to pertinent information while safeguarding present and former employee privacy.