The risk of disclosure of sensitive materials generated during an internal self-evaluation is among the most significant concerns of many compliance practitioners and in-house employment lawyers. While careful planning can increase the chance that one or more “legal privileges” may protect sensitive materials from disclosure, there can be missteps that end up waiving the privilege.
While we do not regularly report on federal trial court decisions, a recent ruling by a federal trial court in Oregon caught our attention by serving as a timely reminder of how privilege may apply – and how it may be lost – as an employer defends itself against claims of pay and promotion discrimination.
Members of the Center for Workplace Compliance (CWC) can read more here.