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Scope and process to be followed when plaintiff seeks production of complaints of similar acts of harassment/discrimination filed by co-workers.

July 1, 2017
Osborne v. NJ Transit, et al, A-0217-16T4 (App. Div., Apr. 20, 2017)

The plaintiff filed a discrimination claim, alleging a hostile work environment, sexual harassment and retaliation. During discovery, the plaintiff sought documents of other employees who had reported alleged acts of sexual harassment. The employer sought a judicial in camera review of the records before they were produced to the plaintiff, but the trial judge refused this request. In reversing the trial court’s order, the appellate panel held that the burden was on the court to review the documents and determine what was privileged or confidential and that judicial review of the documents was required.


Case Law Alerts, 3rd Quarter, July 2017

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