Our colleague Laura A. Stutz has a Retail Employment Law Blog post that will be of interest to many of our health industry readers: “EEOC Implements Nationwide Program to Disclose Employer Position Statements and Supporting Documents.”
Following is an excerpt:
The Equal Employment Opportunity Commission (“EEOC”) recently implemented nationwide procedures for the release of employer position 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)
- Social Security Numbers
- Confidential commercial or confidential financial information
- Trade secrets
- Non-relevant personally identifiable information of witnesses, comparators or third parties, e.g., dates of birth in non-age cases, residential addresses, personal telephone numbers, personal email addresses, etc.
- References to Charges filed with the EEOC by other Charging Parties