Employer Information
Discovery of Evidence

Evidence that is created by a party in a discrimination case may be discovered by the opposing party in litigation, and other proceedings. This evidence may include items that a party may not expect to be disclosed, like notes, calendars, email, and electronic documents. The scope of discovery in litigation is broad, and includes information that is likely to lead to the discovery of admissible evidence. There are privileges that may protect some documents and information from disclosure, like communications with attorneys that are covered by the attorney-client privilege.

Sometimes people try to create evidence by secretly tape recording conversations with an opposing party. Note that in California it is unlawful to record a confidential conversation without the permission of all participants (Cal. Penal Code 632). Oregon law prohibits recording an in-person conversation, unless all participants are informed (ORS 165.540(1)(c)), and prohibits recording a telephone or radio communication unless one participant gives consent (ORS 165.540(1)(a), and 165.543(1)).

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