29 C.F.R. § 1601.26

Confidentiality of endeavors

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(a) Nothing that is said or done during and as part of the informal endeavors of the Commission to eliminate unlawful employment practices by informal methods of conference, conciliation, and persuasion may be made a matter of public information by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned. This provision does not apply to such disclosures to the representatives of Federal, State or local agencies as may be appropriate or necessary to the carrying out of the Commission's functions under title VII, the ADA, GINA, or the PWFA: Provided, however, That the Commission may refuse to make disclosures to any such agency which does not maintain the confidentiality of such endeavors in accord with this section or in any circumstances where the disclosures will not serve the purposes of the effective enforcement of title VII, the ADA, GINA, or the PWFA.

(b) Factual information obtained by the Commission during such informal endeavors, if such information is otherwise obtainable by the Commission under section 709 of title VII, for disclosure purposes will be considered by the Commission as obtained during the investigatory process.

[42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9625, Mar. 7, 1991; 74 FR 63982, Dec. 7, 2009; 89 FR 11169, Feb. 14, 2024]

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1972–2022 · leading case: Jackson v. O'Reilly Automotive Stores, Inc.

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Jackson v. O'Reilly Automotive Stores, Inc. (2015) tnmd · cites it 11× “) We deny Plaintiffs additional motions -without prejudice. (Dkt. Nos. 46-47.) We also grant Defendant’s motion to' exclude evidence of its May 7, 2012 letter to the EEOC under Rule 408.”

Equal Employment Opportunity Commission v. Philip Services Corp. (2011) ca5 “See 29 C.F.R. § 1601.26 (a) (“Nothing that is said or done during and as part of the informal endeavors of the Commission to eliminate unlawful employment practices by informal methods of conference, conciliation, and persuasion may be made a matter of public information by the…”

Branch v. Phillips Petroleum Co. (1981) ca5 “See 29 C.F.R. § 1601.26 (b); EEOC Compliance Manual § 83.”

United States v. Philadelphia Electric Co. (1972) paed “At 29 C.F.R. § 1601.26 , it states: “If the commission is unable to obtain voluntary compliance, it may inform the Attorney General of appropriate facts in the case with recommendations for intervention by him in a civil action previously instituted by aggrieved party under §…”

Equal Employment Opportunity Commission v. Recruit U.S.A., Inc. (1991) ca9 “”); see also 29 C.F.R. § 1601.26 (a) (“Nothing that is said or done during and as part of the informal endeavors of the Commission to eliminate unlawful employment practices by informal methods of conference, conciliation, and persuasion may be made a matter of public…”

Equal Employment Opportunity Commission v. Knight's Inc. (1986) ared “6(3) of the EEOC Compliance Manual, which is in turn derivative of 29 C.F.R. § 1601.26 . Further, the EEOC urges a privilege of “deliberative process”, citing Branch v.”

Equal Employment Opportunity Commission v. Whiting-Turner Contracting Company, The (2022) tnmd “29 C.F.R. § 1601.26 (b). B. Application of the Confidentiality Provision to Whiting-Turner’s Subpoena It appears that, having advanced this discovery dispute through informal resolution processes and thorough briefing, the parties largely agree as to its resolution.”

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