The commission changed a long-standing policy stipulating that individuals seeking a copy of their bosses’ position statements needed to file the request through the Freedom of Information Act (FOIA). So reports Workforce.com.
Now litigants (or their representatives) are permitted to petition the EEOC directly for position statements and non-confidential attachments without the process of going through the FOIA. Interestingly, when the shoe is on the other foot, employers must continue to petition the agency for copies of their employees’ submissions.
What the policy change means for discrimination cases is that employers will need to be even more accurate and thorough than they had previously in order to avoid the appearance of “pretext,” or inconsistency regarding their decision or motivation to terminate an employee.
If the situation appears murky to the EEOC, it will likely be easier for the case to move forward to a jury. Now, employees suing their employers will no doubt not hesitate to request the position statement copies.