Employers cannot invoke the so-called “self-critical analysis privilege” in refusing to turn over internal documents in an employment discrimination case, a federal judge has ruled.

In his nine-page opinion in Davis v. Kraft Foods North America, U.S. District Judge Paul S. Diamond found that the majority of the federal circuits “have refused to recognize or apply the self-critical analysis privilege,” and that while the 3rd U.S. Circuit Court of Appeals has not yet done so, it has hinted that it would do the same.

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