Employees seeking damages for mental anguish don't necessarily waive privacy rights

At the end of summer, the Alaska Supreme Court addressed whether employees seeking damages for mental anguish open the door for an employer to obtain their mental health records. The court answered "maybe." If the claim is "garden variety" —i.e., nothing more than the distress that any healthy, well-adjusted person would likely feel as a result of being a victim of employment discrimination—then the employer cannot obtain employees' mental health records. Read More...