Retail Labor and Employment Law

Retail Labor and Employment Law

News, Updates, and Insights for Retail Employers

Tag Archives: confidential information

EEOC Unveils New Nationwide Policy for Position Statements – Employment Law This Week

The top story on Employment Law This Week is the EEOC’s announcement of new nationwide disclosure rules for position statements.

Retroactive to January 1, 2016, employers should expect the disclosure of their position statements to the charging party, even if the statement contains confidential information. Under the new policy, complainants have the right to request access to the statement and respond to it, but any response from the charging party will not be disclosed to the employer in turn. Lauri Rasnick, a Member of the Firm at Epstein Becker Green, has more on what this means for employers.

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EEOC Implements Nationwide Program to Disclose Employer Position Statements and Supporting Documents

The Equal Employment Opportunity Commission (“EEOC”) recently implemented nationwide procedures for the release of employer positionConfidential-shutterstock_41997904 statements to Charging Parties upon request.  The new procedures raise concerns about disclosure by the EEOC of non-public personnel and commercial or financial information the employer may disclose to support its position with regard to the Charge.

Before releasing the supporting documents to the Charging Party, the EEOC will review the employer’s submissions and withhold only information the Commission decides should be considered confidential.  The type of information considered confidential by the EEOC includes:

  • Sensitive medical information (except for the Charging Party’s medical information)
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