Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that “when a plaintiff puts his mental health at issue by alleging emotional distress . . . [t]he defendant is entitled to discover any records relevant to the plaintiff’s emotional distress.” In the same opinion, the court also held that a human resources executive need not step “outside his or her role of representing the company” to be protected from adverse treatment based on counseling others against discriminatory conduct.