Neither a charge, nor information obtained during the investigation of a charge of employment discrimination under title VII, the ADA, GINA, or the PWFA, nor information obtained from records required to be kept or reports required to be filed pursuant to title VII, the ADA, GINA, or the PWFA, shall be made matters of public information by the Commission prior to the institution of any proceeding under title VII, the ADA, GINA, or the PWFA involving such charge or information. This provision does not apply to such earlier disclosures to charging parties, or their attorneys, respondents or their attorneys, or witnesses where disclosure is deemed necessary for securing appropriate relief. This provision also does not apply to such earlier disclosures to representatives of interested Federal, State, and local authorities as may be appropriate or necessary to the carrying out of the Commission's function under title VII, the ADA, GINA, or the PWFA, nor to the publication of data derived from such information in a form which does not reveal the identity of charging parties, respondents, or persons supplying the information.
[42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9624, 9625, Mar. 7, 1991; 74 FR 63982, 63983, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024]
Notes of Decisions
Equal Emp. Opportunity Comm'n v. Associated Dry Goods Corp., 449 U.S. 590 (1981).
· cites it 10× “" 29 CFR § 1601.22 (1979). Specifically, the Commission has also created special disclosure rules permitting release of information in its files to charging parties or their attorneys, aggrieved persons in whose behalf charges have been filed and the persons or organizations who…”
Ray v. Ropes & Gray LLP, 961 F. Supp. 2d 344 (D. Mass. 2013).
“See 29 C.F.R. § 1601.22 (confidentiality restrictions apply only to the EEOC); Walker v.”
Ross v. Commc'ns Satellite Corp., 759 F.2d 355 (4th Cir. 1985).
“§ 2000e-5(b); 29 C.F.R. § 1601.22 . We do not decide the question of the confidentiality requirement or even whether the issue is properly before us, as we dispose of this appeal on other grounds.”
J.J.C. v. Fridell, 165 F.R.D. 513 (D. Minnesota 1995).
· cites it 2× “records are confidential pursuant to 29 C.F.R. § 1601.22 which reads in part: “Neither a charge, nor information obtained during the investigation of a charge of employment discrimination .”
Equal Emp. Opportunity Comm'n v. Prod. Fabricators, Inc., 873 F. Supp. 2d 1093 (D. Minnesota 2012).
“Neither a charge, nor information obtained during the investigation of a charge of employment discrimination under title VII, the ADA, or GINA, nor information obtained from records required to be kept or reports required to be filed pursuant to title VII, the ADA, or GINA,…”
Associated Dry Goods Corp. v. Equal Emp. Opportunity Comm'n, 543 F. Supp. 950 (E.D. Va. 1982).
· cites it 4× “Thus, ruled the Court, EEOC regulations contained in 29 C.F.R. §§ 1601.22 and 1610.17(d) and in § 83 of the agency’s Compliance Manual 4 did not contravene the statutory ban on *952 public disclosure by authorizing pre-suit disclosure to a charging party of materials contained…”
Equal Emp. Opportunity Comm'n v. Univ. of Pittsburgh, 487 F. Supp. 1071 (W.D. Pa. 1980).
· cites it 2× “§ 2000e-8(e), prohibiting any EEOC employee, under pain of criminal penalty, from making public any information obtained during the course of an investigation, and that the EEOC, in compliance with its own regulations ( 29 C.F.R. § 1601.22 ), discloses information obtained in…”
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