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One issue that frequently comes up in employment discrimination litigation is whether an employer must identify as part of the discovery process past discrimination claims that may have been previously brought or asserted against it. Often, employers try to avoid disclosure of such information on the grounds that those past claims were based upon completely different protected classifications than the lawsuit where such information is sought. This type of argument for non-disclosure has become more difficult to make in light of a recent New Jersey Appellate Court decision that found that such information could indeed be relevant evidence and discoverable even when the past discrimination claims are based upon different protected categories.

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