• EEOC to Release Employer Position Statements to Employee Charging Parties
  • March 21, 2016
  • Law Firm: Shawe Rosenthal LLP - Baltimore Office
  • The Equal Employment Opportunity Commission has announced nationwide procedures providing for the release of employer position statements and non-confidential information to employee charging parties, upon request.

    An employee who believes that he has been subjected to discrimination may file a charge of discrimination with the EEOC and, in fact, this is a pre-requisite before an employee can bring a discrimination lawsuit against the employer. As part of the EEOC’s investigation into the charge, the employer submits a position statement, to which evidentiary documents and witness statements in support of the employer’s position are typically attached.

    Many employers assumed that these position statements, which may include confidential or sensitive information, were viewed only by the EEOC investigator. We have been aware for years, however, that the Baltimore EEOC office provides copies of the position statement to the charging party; this does not appear to have been the case in other EEOC offices - at least until now.

    What This Means for Employers: Employers should keep in mind that whatever is provided to the EEOC in the context of a charge investigation will be disclosed to the charging party. Confidential information should be clearly marked and provided to the EEOC as separately labeled attachments, which will enable the EEOC to redact such information before disclosing the position statement to the employee.