In ‘Fractious’ Dispute Over Lost Evidence, Fired Employee Failed to Show Bad Faith

A fired employee who claimed her former employer intentionally destroyed electronically stored information was not entitled to a default judgment or attorneys’ fees but may be entitled to an adverse inference charge, the U.S. District Court for the District of Columbia ruled Aug. 24 (D’Onofrio v. SFX Sports Grp. Inc.).

According to Audrey D’Onofrio, SFX Sports Group Inc. subjected her to gender discrimination, hostile environment harassment, and retaliation, in violation of the District of Columbia Human Rights Act, the Equal Pay Act, and the D.C. Family Medical Leave Act. Problems in the discovery process in the case, which ...