Stalnaker v. Kmart Corp

71 Fair Empl. Prac. Cas (BNA) 705 (D. Kan. 1996)

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Nature of the Case

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Facts

Stalnaker (P) sued Kmart (D) over sexual harassment in that an employee named Donald Graves created a hostile working environment and sexually harassed her by inappropriate touching. P noticed the depositions of nonparty witnesses and D moved for a protective order related to discovery of voluntary romantic conduct of the nonparty witnesses and Graves. D has asserted that none of the witnesses had wronged P and none had created or contributed to the hostile work environment or otherwise wronged P. D contends that none of the witnesses have complained of sexual harassment and that voluntary romantic or sexual activities of the witnesses are irrelevant and that inquiry into this area will invade privacy rights. D contends that this inquiry is barred by Evid. Rule 412. P claims that investigation has revealed potential harassment of at least one witness and that P would agree to a protective order to alleviate the concern for privacy.