I and my colleagues are transitioning out of the workforce. We are interested in writing a book about our Affirmative Action, EEO, Diversity and Title IX experiences. We have worked in several states, but mostly in New Jersey. We would like to know what are our liabilities in discussing our cases? Must we fictionalize the employees, colleagues and the employers?
Rita Risser Chai replies:
Legally, there are several potential limitations on what you can write. If you signed a non-disclosure agreement or your employers had non-disclosure policies, these agreements and policies usually extend past the time of termination. Even if your employers did not have such agreements or policies, if you were in HR or management, a court could find an implied duty of loyalty that requires you to maintain confidentiality. In addition, the employees and colleagues themselves could claim an invasion of privacy. You also have to write only what is true—and your perception of truth may be different than theirs. To be safe, it is best to fictionalize everyone involved. Good luck with your book!
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.