H. Kessler & Co. v. Equal Employment Opportunity Commission

**Court Protects Company's Expert Witnesses from Having to Testify** This case involved a dispute over whether the Equal Employment Opportunity Commission (EEOC) could force experts hired by American Motors Corporation to give testimony under oath (called depositions). The EEOC was investigating employment practices and wanted to question experts that American Motors had hired to help with their legal defense. The court ruled in favor of American Motors, saying the company's experts were protected from being forced to testify. The judge found that these experts were hired specifically to help prepare for the lawsuit, making their work confidential "work product." The court also decided that even if the experts were doing double duty—helping with the lawsuit AND helping improve company practices—this didn't eliminate the legal protection. **What This Means for Workers:** This ruling makes it harder for workers and government agencies like the EEOC to get information from companies during employment disputes. When companies hire experts to help defend against discrimination or other workplace claims, those experts' findings and opinions are generally protected from discovery. This can limit workers' ability to access potentially helpful evidence, though they can still pursue their cases through other means and evidence sources.