U.S. Court of Appeals for the D.C. Circuit

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Case Updates

D.C. Circuit rules on EEOC disclosure of confidential information

June 27, 2008

The D.C. Circuit prohibited the EEOC from disclosing confidential company information to potential ADEA plaintiffs without first notifying the employer.

U.S. Chamber files amicus brief

August 14, 2007

NCLC urged the D.C. Circuit to reverse a lower court decision allowing the EEOC to disclose confidential company business information without any predisclosure notice to the employer. In this case, the EEOC refused to revoke or modify an administrative subpoena seeking confidential company records for an age discrimination case. In its brief, NCLC argued that the EEOC’s practice of disclosing confidential business information pursuant to its internal compliance rules is inconsistent with the Freedom of Information Act, and that the district court was wrong to permit the EEOC to disclose confidential company information that it obtains from an investigation. Such practices of turning over confidential company information will have a chilling effect on businesses in the future when considering whether to comply with EEOC subpoenas.

Case Documents