News Notes: Communications With EAP Counselors Are Privileged

Oksana Oleszko sued her employer, State Compensation Insurance Fund, for sexual harassment, racial and national-origin discrimination and retaliation. To help prove her claims, Oleszko asked the court to force State Fund to reveal communications between co-workers and unlicensed counselors in its employee assistance program. State Fund balked, saying disclosure would discourage employees from seeking needed help from the EAP. Now the Ninth Circuit has refused to order disclosure of the confidential discussions. The court ruled that communications between employees and the counselors were privileged to the same extent as communications between licensed psychiatrists and their patients.