NEW POLICY ALLOWS EEOC TO DISCLOSE EMPLOYER PROVIDED POSITION STATEMENTS

by M. Tom Langan, II

The EEOC recently released new procedures that permit an employer’s position statement to be released to the charging party.  A position statement is typically the employer’s first opportunity to respond to a charging party’s complaint.  Prior to this change, whether the position statement could be disclosed varied depending on the applicable EEOC office.  This change was designed to bring uniformity to the process.  In light of this change, employers should complete their position statement with the understanding that it will likely be shared with the charging party. The EEOC encourages employers to refer to, but not actually identify, any confidential information that is part of their response.  The actual confidential information should then be provided under a separate attachment that generally will not be shared with the charging party. The change is effective retroactive to January 1, 2016.

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