News & Analysis as of

Confidential Information Discovery Employment Discrimination

EDRM - Electronic Discovery Reference Model

“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

Campbell v. Aberdeen Providing Ground Federal Credit Union, 2025 WL 608046 (D. Md. Feb. 25, 2025)(Bredar, J.), is an employment discrimination case. At its most general level, the holding was that “a litigant may not invoke...more

Jackson Walker

EEOC's New Procedure Provides Position Statements to Charging Parties

Jackson Walker on

For the past few decades, information provided to the Equal Employment Opportunity Commission ("EEOC" or "Commission") has been protected from disclosure during the pendency of an investigation and to some degree after the...more

Troutman Pepper Locke

Employer Beware - EEOC Will Now Allow Release of Position Statements to Charging Party

Troutman Pepper Locke on

A well-crafted position statement is critical to the employer’s defense of a charge of discrimination filed at the Equal Employment Opportunity Commission (EEOC). It is the company’s opportunity to tell its side of the story,...more

Davis Wright Tremaine LLP

New EEOC Procedures Allow Charging Parties Immediate Access to Employer Position Statements

The EEOC has implemented new, nationwide procedures allowing a charging party and/or her representative to request immediate access to the employer’s position statement. More than ever, employers need to carefully consider...more

Maynard Nexsen

There's Nothing Quite Like a Silver Platter: The EEOC's New Nationwide Procedures for Releasing Respondents' Position Statements...

Maynard Nexsen on

On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all...more

McGuireWoods LLP

EEOC Allows Release of Position Statements to and Response by Charging Party

McGuireWoods LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) implemented significant procedural changes regarding position statements. The new procedures apply to all EEOC requests for position statements made on after January 1,...more

Miller & Martin PLLC

The EEOC Is "Playing Sides" with the Charge Response Process

Miller & Martin PLLC on

The EEOC has announced new procedures under which it will now release employers' Position Statements to Charging Parties upon request. This new procedure is designed to facilitate the EEOC obtaining additional responsive...more

Proskauer - Whistleblowing & Retaliation

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more

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