Category: Title VII

Retention of Employer Documents by Whistleblowers Part 4—Retaining Documents as Protected Activity Under Discrimination Statutes

Under many anti-discrimination statutes the very act of collecting and retaining documents may itself be protected activity, or privileged, if certain criteria are met.  See, e.g., Kempke v. Monsanto Company, 132 F.3d 442 (8th Cir. 1998) (acquiring documents relating to age discrimination, delivering the documents to attorney, and directing employer to contact attorney regarding documents…




Retention of Employer Documents by Whistleblowers Part 1—Scope

As a general principle, the scope of documents that a whistleblower should retain is determined by (1) the necessity of the documents for the potential claims and (2) the whistleblower’s access to such documents.  See Laughlin v. Metro. Washington Airports Auth., 149 F.3d 253 (4th Cir. 1998) (taking documents from boss’ desk and providing the…