Employment Discrimination - In Re Burlington Northern, Inc.: Self-Critical Subjective Analysis Privilege under Title VII Discovery
Citation Information
Title
Employment Discrimination - In Re Burlington Northern, Inc.: Self-Critical Subjective Analysis Privilege under Title VII Discovery
Employment Discrimination - In Re Burlington Northern, Inc.: Self-Critical Subjective Analysis Privilege under Title VII Discovery
Authors
Nelson, Richard F.
Nelson, Richard F.
Journal
Creighton Law Review
Creighton Law Review
Volume
16
Pages
1090
Date
1983
16
Pages
1090
Date
1983
Metadata
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INTRODUCTION"Self-critical subjective analysis" is a privilege raised as a justification to resist discovery of an employer's self-evaluation of its employment practices and policies established under an affirmative action plan. In the purview of employment discrimination, public policy favors confidentiality of certain self-evaluative information over the need of a private litigant to obtain discovery. However, privileges are not absolute. Courts have held that if the benefit from resolution of the suit outweighs the potential injury to a party from whom discovery is sought, disclosure is required. While some courts have recognized the self-critical subjective analysis privilege, others have held that the privilege "at the most remains largely undefined and has not generally been recognized...