Kroger HR Manager Can Shield Details of EEOC Bias Investigation

Kroger Co. was correct that evidentiary privileges barred a former employee suing for alleged disability bias from asking the human resources manager who investigated his EEOC charge for certain details underlying the probe, a federal judge in Houston ruled.

The line of questioning Hiwot Green pursued during the deposition of Michael Marino on April 5 was prohibited under both the attorney work-product doctrine and the attorney-client privilege, the U.S. District Court for the Southern District of Texas said.

That was so even though the position statement an employer files with the Equal Employment Opportunity Commission in response to a job ...