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Are EEOC filings public records and where can they be found

Resolved Question:

Are EEOC filings public records and where can they be found? If I want to file an employee discrimination complaint against 3 executives within a corporation, can I name them in the complaint or does it have to go against the corporation?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Tina replied 5 years ago.

Thank you for contacting our JA team for guidance.

 

If you wish to file a complaint with the EEOC, you should file it against the corporation, but can name individuals within the complaint if their conduct relates to the alleged discrimination.

 

As for EEOC records, most are not disclosed publicly as set forth below:

 

14. What type of records can I inspect and duplicate at EEOC without a FOIA request?

You may view and duplicate EEOC records at the library (Public Reading Room) located at EEOC Headquarters,XXXXX NE Suite 5NW02E Washington, DC 20507 or at any EEOC District Office (see http://www.eeoc.gov/offices.html for a list of EEOC District Offices). Documents available for disclosure include:

  • Commission notices and EEOC regulatory amendments which are not, or never have been, published in the Code of Federal Regulations;
  • The Commission's annual reports;
  • The Commission's Compliance Manual;
  • Blank forms relating to the Commission's procedures as they affect the public; and
  • The Commission's Orders, Directives and Decisions.

15. What types of EEOC records are not disclosed to the public?

Charges of employment discrimination, charge conciliation information and EEO survey data may not be disclosed to the public. Federal sector complaints are also not disclosed to third parties. Records containing inter or intra agency pre-decisional deliberations and recommendations, analyses, opinions, attorney-client, attorney work-product, information given to EEOC by confidential sources and matters involving the personal privacy and personnel or medical records of a third party will not be disclosed. As examples, EEOC does not disclose the Investigative Memorandum; categorization codes; or the name, telephone number, address, social security number or other personal information concerning a third party.

 

For additional information on the subject, you can go to: http://www.eeoc.gov/foia/qanda_foiarequest.html

 

You should contact an employment law attorney in your area to assist you through the process. The EEOC provides referrals and most will work on a contingency fee basis and offer a free consultation.

 

Good luck to you!

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32721
Experience: JD, BBA, recognized by ABA for excellence.
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