Through a simple press release, the EEOC has announced that it will now release to the charging party (employee) position statements submitted by the employer. The employee will also be given a chance to respond after reviewing the company’s position.
In the past, the employee could not access the employer’s position statement except through a FOIA request or similarly burdensome post-investigation process.
As a result of this new policy change, it is Very important that companies seek legal counsel before submitting a response to the EEOC. It is possible to mark certain information confidential and thus not subject to release, and you may want to rethink your strategy in response knowing that the employee will have immediate access.
Your words can and will be used against you!
