Invocation of Faragher/Ellerth Defense in Sexual Harassment Case Waives Attorney-Client Privilege, Court Finds
In Barbini v. First Niagara Bank, N.A., 16-cv-7887, 2019 WL 1922041 (S.D.N.Y. April 29, 2019), the court held, inter alia, that defendant waived the attorney-client privilege in connection with asserting the Faragher/Ellerth defense to plaintiffs’ sexual harassment claims. Under that defendant may escape liability if it can show two things, namely, (1) the employer exercised reasonable care…
Read More Invocation of Faragher/Ellerth Defense in Sexual Harassment Case Waives Attorney-Client Privilege, Court Finds