In Mendez v. Saint Alphonsus Regional Medical Center, Inc., No. 12-cv-26-EJL-CWD (D. Idaho July 10, 2014), an employee had made employment-related complaints through his employer’s Organizational Integrity Program.  The company, under the direction of in-house counsel, conducted an internal investigation and prepared an investigative report reflecting the conclusions reached.  In his subsequent employment suit, the employee sought production of the investigative report and the investigative file.  The court denied the request.  The court first found that the investigation was privileged because it was conducted at the direction of counsel for the purpose of preparing for potential litigation.  The court also found the materials to be subject to the work-product protection because the investigation was performed in anticipation of litigation.  The employee asserted that the corporation had waived any applicable protections because the corporation had asserted its investigation as a defense to the employee’s hostile work environment claim.  The employer argued that it had exercised reasonable case to prevent and correct harassing behavior.  The court noted that, as a general matter, an employer cannot use either an investigation or the action it took in reliance on the investigation to support such a defense without waiving the privilege.  The court held that the corporation here had not relied on the internal investigation itself to support this defense, and thus found there was no waiver.