Tharp v. Sivyer Steel Corp.

ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL

BENNETT, United States Magistrate Judge.

This litigation raises the substantial and nettlesome question of whether an employer in a private employment discrimination lawsuit may shield from disclosure documents prepared by the employer in compliance with federal equal employment opportunity laws by asserting a “self-critical analysis” privilege. While many federal courts have concluded the “self-critical analysis” privilege applies in the employment discrimination context, this court believes the emerging and better reasoned view compels rejection of…