This InfoPAK explores the case law and best principles for handling workplace investigations into employee claims of harassment and other alleged improper treatment in light of the defense provided in Faragher v. City of Boca Raton and the shield that is the attorney-client and attorney work product privileges. This InfoPAK is meant to provide an overview of the Faragher defense (especially in light of recent developments in case law) as well as the salient privileges, and then provide employers with insight on the best practices for protecting the Faragher defense as well as, where possible, the privileges, while proactively addressing employee concerns.
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