Calvin Associates, Inc.

post »“Ninth Circuit Gives EEOC Broad Access to Employee Personal Information During Charge Investigation”

November 11 2015, 4:00 am

http://www.jdsupra.com/legalnews/ninth-circuit-gives-eeoc-broad-access-10270/

Bruce’s Summary: A recent decision by the Ninth Circuit Court of Appeals confirmed the EEOC’s broad authority to obtain sensitive personal information about employees similarly situated to the charging party during an investigation. During a recent EEOC investigation of an employer alleged to have disparate impact against female employees in mandatory strength testing, the employer refused to share personal information about employees similar to the plaintiff. The Ninth Circuit affirmed the EEOC’s broad authority to obtain the information. Now employers may be better served to negotiate burdensome or sensitive requests with the agency. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”