Preparation is Key for Employers as EEOC Investigations Become More Aggressive

摘要

When Case New Holland, Inc. was the subject of an investigation by the U.S. Equal Employment Opportunity Commission ("EEOC") for alleged Age Discrimination in Employment Act violations, it never expected the EEOC to take employee information provided as part of the investigation and contact every employee of its company, soliciting potential class members. But that is precisely what the EEOC did. In response to an information request by the EEOC, CNH voluntarily provided the agency with materials and documents, including over 1,300 employee e-mail addresses. Armed with hundreds of potential complainants and witnesses, the EEOC blasted out e-mails to CNH's employees, seeking assistance from them in the "official investigation" of CNH's alleged discriminatory conduct, all without first notifying CNH.