In response to an information request by the EEOC, CNH voluntarily provided the agency with materials and documents, amassing over 600 megabytes of digital information and including over 1,300 employee email addresses. Armed with hundreds of potential complainants and witnesses, the EEOC blasted out emails to CNH’s employees, seeking assistance from them in the “official investigation” of CNH’s alleged discriminatory conduct, all without first notifying CNH. The emails even reached managers and supervisors, and also included a link to an online questionnaire drafted by EEOC investigators.
This conduct is representative of the increasingly aggressive posture the EEOC is taking toward enforcement actions against employers. Employers should be aware of these troubling trends in EEOC behavior and be prepared to properly respond to an EEOC complaint. The goal should be to demonstrate compliance with anti-discrimination laws, while at the same time minimizing over-reaching and fishing expeditions on the part of the agency.