New Jersey Lawyers BlogNew Jersey Employment Law Decision Examines Scope of Attorney-Client Privilege in Workplace Investigations of Sexual Harassment
A key New Jersey employment law issue was recently examined by an appeals Court in the case of C.S. vs Brick Recycling Company. The Appellate Division of the New Jersey Superior Court examined when communications with attorneys are privileged when those attorneys are examining claims of sexual harassment or discrimination.
C.S.’s Claims
C.S. worked for Brick Recycling Company as a truck driver. He made an internal complaint to Peter Decenzo, the company’s owner and president, that the corporate financial controller, M.R., made unwanted sexual advances toward him, improperly accessed his bank records, and improperly disclosed the information in those records to others.. While M.R. was a company supervisor, she was not C.S.’s supervisor. The following day, DeCenzo told C.S. and M.R. to have no have no further contact with each other. M.R. left an angry note on C.S.’s car, for which DeCenzo admonished her.