EEOC Approves New Compliance Policy

September 1986
Labor Law Journal;Sep86, Vol. 37 Issue 9, p664
Academic Journal
The article discusses the approval of new compliance policy by the Equal Employment Opportunity Commission (EEOC). When a respondent fails to comply with EEOC requests for information in a timely and complete manner, the Commission has directed its district directors to take one or more of these actions: Issue a subpoena to complete production of documents or testimony; Issue a cause of determination, engage in conciliation, submit the matter to the Commission for litigation authorization if the conciliation is not successful, even though the investigation may be incomplete because of the respondent's failure to cooperate; Draw an adverse inference against a respondent as to the evidence sought when a respondent knowingly impedes the investigation. The investigative processes of the Commission should not be frustrated by the respondent's use of extended subpoena litigation in an attempt to delay reaching a determination on the merits of a charge or to make settlement more attractive to charging parties because of the prospect of further delays in resolution.


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