Are EEOC complaints subject to FOIA?

Are EEOC complaints subject to FOIA?

The Freedom of Information Act (“FOIA”) is a law that allows any member of the public to request copies of federal government records, including EEOC records. 5 U.S.C. § 552.

Are EEO-1 reports public information?

Importantly, EEO-1 Reports and the information contained therein are confidential and may not be made public by the EEOC prior to the institution of any proceeding under Title VII involving the EEO-1 Component 1 data.

Are EEOC cases public record?

Title VII prohibits disclosure to the public of charges filed with the EEOC, and of information obtained in the agency’s investigation of charges, prior to the institution of a suit under Title VII involving such information.

How do you FOIA EEOC?

You may send your written request to EEOC by mail (131 M. Street, NE, Washington, D.C. 20507), email ([email protected]), fax (202-653-6034) , or by Internet (https://www.eeoc.gov/foia/contact-us). District Offices FOIA email addresses are found at https://www.eeoc.gov/field, or https://www.eeoc.gov/foia/contact-us.

Are EEOC claims confidential?

Information obtained from individuals who contact EEOC is confidential and will not be revealed to the employer until the individual files a charge of discrimination.

Do employers know FOIA request?

Employer does not get notified.

Is EEO-1 data confidential?

Are EEO-1 data protected from public disclosure? EEOC is prohibited by federal statute2 from making public the employment data derived from any of its compliance surveys unless a Title VII charge has been filed.

Are EEOC complaints confidential?

Note: Federal employees and job applicants have a different complaint process. Information obtained from individuals who contact EEOC is confidential and will not be revealed to the employer until the individual files a charge of discrimination.

Are employee complaints confidential?

Although it is important to consider the employee’s request, HR should not always promise confidentiality because of the responsibility to the employer to fully investigate employee complaints, especially if the concerns involve alleged discrimination, harassment or other legal issues.

Can you subpoena the EEOC?

Employers facing Equal Employment Opportunity Commission (EEOC) charge investigations may find themselves on the receiving end of overly broad, unduly burdensome and/or irrelevant information requests from the EEOC. If an employer refuses to comply with the requests, the EEOC has the authority to issue a subpoena.

What is FOIA compliance?

The Freedom of Information Act (FOIA) generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.

What exactly is EEO-1 reporting and what is the reporting period?

The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit demographic workforce data, including data by race/ethnicity, sex and job categories.