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EEOC DIRECTIVES TRANSMITTAL
Number 150.001
Date 01/23/98
SUBJECT. DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF
INFORMATION ACT.
PURPOSE. This transmittal revises EEOC Order 150.001, which
prescribes procedures for disclosing Commission documents
pursuant to the Freedom of Information Act (FOIA), as amended, 5
U.S.C. § 552, and Subpart A of 29 C.F.R. Part 1610. The
revisions reflect the Commission's current organizational
structure, and allow for delegation of certain responsibilities
under FOIA to promote greater efficiency.
EFFECTIVE DATE. January 23, 1998.
DISTRIBUTION. W.
OBSOLETE DATA AND FILING INSTRUCTIONS. EEOC Order 150.001,
Disclosure of Information Under the Freedom of Information Act,
dated February 26, 1992, as amended, is obsolete and should be
removed from the directives reference files and destroyed.
/signed/
_________________________
ELLEN J. VARGYAS
Legal Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EEOC ORDER 150.001
WASHINGTON, D.C. 20507 January 23, 1998
GENERAL MANAGEMENT
External Relations
1. SUBJECT. DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF
INFORMATION ACT.
2. PURPOSE. This transmittal revises EEOC Order 150.001, which
prescribes procedures for disclosing Commission documents
pursuant to the Freedom of Information Act (FOIA), as
amended, 5 U.S.C. § 552, and Subpart A of 29 C.F.R. Part
1610. The revisions reflect the Commission's current
organizational structure, and allow for delegation of
certain responsibilities under FOIA to promote greater
efficiency.
3. EFFECTIVE DATE. January 23, 1998
4. ORIGINATOR. Advice & External Litigation Division,
Office of Legal Counsel.
5. BACKGROUND. Upon receipt of a request for reasonably
described records made in accordance with published agency
rules, the FOIA requires each federal agency to determine
whether to disclose the records to the requester within 20
working days. The FOIA does not require an agency to
provide copies of records that are published and offered
for sale. Additionally, section 552(b) exempts specified
classes of records from the public access requirements.
Official records of the Equal Employment Opportunity
Commission (EEOC) disclosed pursuant to the FOIA shall be
furnished only in accordance with 29 C.F.R. Part 1610 and
this Order. Arbitrary or capricious withholding of
requested information by Commission officers or employees
may constitute the basis for discipline. See 5 U.S.C. §
552(a)(4)(F). Accordingly, no request made under the FOIA
should be denied by any officer or employee except in a
decision issued by the following authorized officials: the
Legal Counsel, the Deputy Legal Counsel, the Assistant
Legal Counsel, Advice and External Litigation Division, a
Regional Attorney, or their designees as referenced herein.
DISTRIBUTION: W
To the extent not prohibited by other laws, the EEOC will
disclose records whenever an authorized official or
designee determines that disclosure is in the public
interest notwithstanding authorization under the FOIA to
withhold such information.
NOTE: Officers and employees of the Commission may
continue to furnish to the public, informally and
without compliance with the procedures contained
in this Order, information and records that have
been furnished customarily in the regular
performance of their duties (e.g., items listed on
the EEOC Publications List). This includes copies
of the Commission's federal sector decisions.
6. RESPONSIBILITIES.
a. The Legal Counsel or designee will:
(1) establish controls and agency procedures for
handling FOIA requests and appeals;
(2) have published in the Federal Register all
information approved by the Commission that is
required to be published by the FOIA;
(3) provide the Director, Library and Information
Services Division, with:
(a) a copy of commercially unpublished
Commission decisions deemed to have
precedential value;
(b) an index to decisions provided pursuant to
(a) above, and a quarterly update to the
index;
(c) a quarterly index to commercially published
Commission decisions absent the availability
of a commercial version; and
(d) a quarterly index to the EEOC Compliance
Manual, unless such index is commercially
published; and
(4) provide training or training materials to field
offices as appropriate.
b. The Deputy Legal Counsel or designee will:
(1) within 20 working days of their receipt, render
decisions on appeals from requesters whose
requests for information were denied and include
notice to the appellants of the right to file a
civil action in the U.S. District Court for the
district in which the appellant resides or has his
principal place of business, in the district where
the records are located, or in the District of
Columbia;
(2) determine what materials will be made available
for public inspection and copying;
(3) determine when, where and at what fee requested
records will be disclosed and forward collected
fees to the Financial Management Division; and
(4) maintain files on all FOIA requests as required by
29 C.F.R. § 1610.13.
c. The Assistant Legal Counsel, Advice & External
Litigation Division, or designee will:
(1) grant or deny FOIA requests, except on those
matters for which authority is delegated to the
Regional Attorneys, and inform individuals whose
requests are denied of their appeal rights under
29 C.F.R. § 1610.11;
(2) provide advice to Regional Attorneys on the FOIA
and 29 C.F.R. Part 1610; and
(3) prepare an annual FOIA report, to be submitted to
the Attorney General.
d. Office Directors, both Headquarters and Field, will:
(1) promptly provide requested information or
assistance to the Legal Counsel, Office of Legal
Counsel staff, or Regional Attorney; and
(2) familiarize all employees with the requirements of
FOIA and this Order.
e. Headquarters Office Directors additionally will:
(1) ensure that any FOIA requests received by their
offices will be hand delivered to the Assistant
Legal Counsel, Advice and External Litigation
Division, before the end of that day unless other
arrangements are made (requests and appeals under
the FOIA are to be controlled by the Office of
Legal Counsel, not by other offices); and
(2) provide to the Director, Library and Information
Services Division, and to each District, Field,
Area and Local Office one copy of each notice,
proposed rule or final regulation published by the
Commission in the Federal Register.
f. District Directors additionally will:
(1) maintain a public reading area in which the
materials listed in Appendix A are available for
public inspection and copying;
(2) ensure prompt delivery to the Regional Attorney of
all FOIA requests received;
(3) advise all staff within the district to comply
with instructions issued by the Regional Attorney
pertaining to FOIA requests; and
(4) assure that any employee delegated responsibility
for FOIA will receive adequate training to perform
those responsibilities.
g. Field, Area and Local Office Directors will
additionally:
(1) maintain the materials listed in Appendix A for
public inspection and copying; and
(2) forward immediately all FOIA requests to the
Regional Attorney.
h. Regional Attorneys or designated Supervisory Trial
Attorneys or Trial Attorneys will:
(1) review all FOIA requests;
(2) inform oral requesters of 29 C.F.R. § 1610.5,
which requires that FOIA requests be in writing,
except in instances in which the information
sought is clearly disclosable and readily
available;
(3) instruct Field, Area and Local Office Directors to
fill requests for any information that is listed
in Appendix A;
(4) determine whether to grant FOIA requests involving
information contained in EEOC case files;
(5) inform individuals whose requests are denied of
appeal rights under 29 C.F.R. § 1610.11;
(6) contact the Advice and External Litigation
Division, Office of Legal Counsel, when advice is
needed in responding to a FOIA request;
(7) forward to the Assistant Legal Counsel, Advice and
External Litigation Division, all requests for
which the Regional Attorney has not been delegated
responsibility;
(8) collect and forward assessed fees, see Appendix B,
to the Financial Management Division, Office of
Financial & Resource Management;
(9) refuse to accept FOIA appeals and advise
submitters of the appeal procedures under
29 C.F.R. § 1610.11;
(10) maintain indexes of FOIA requests as directed by
the Legal Counsel or designee; and
(11) provide an annual report to the Assistant Legal
Counsel, Advice and External Litigation Division,
after the close of each fiscal year.
i. The Executive Secretariat will:
(1) maintain a record of all final votes cast by the
Commissioners for possible disclosure under the
FOIA; and
(2) provide the Director, Library and Information
Services Division, with copies of comments
received on proposed rules.
j. The Director, Budget Division, Office of Financial and
Resource Management, will provide the Director,
Library and Information Services Division, with a copy
of the annual EEOC budget submission to Congress.
k. The Director, Library and Information Services
Division, Office of Research, Information and
Planning, will:
(1) maintain for public access and copying the
materials listed in Appendix A, and any additional
materials designated as necessary by the Legal
Counsel or designee;
(2) assess and collect fees for such materials as
prescribed in Appendix B, and forward the payments
to the Financial Management Division, Office of
Financial and Resource Management;
(3) ensure that field offices are supplied with an
equal employment decisions looseleaf service and
bound volumes; and
(4) distribute the materials listed in Appendix A
(except for 1(b), (d) & (f)), in addition to
materials the accessibility of which are deemed
necessary under the FOIA by the Legal Counsel or
designee.
l. The Director, Financial Management Division, Office of
Financial and Resource Management, will maintain
records of all payments for services rendered pursuant
to the FOIA, and provide an annual report to the
Assistant Legal Counsel, Advice and External
Litigation Division, after the close of each fiscal
year.
m. All employees are responsible for knowing and
observing the requirements of the FOIA, Subpart A of
29 C.F.R. Part 1610, and this Order.
7. PROCEDURES FOR DISCLOSING INFORMATION.
a. District Offices. The Regional Attorney will
determine whether to grant or deny the disclosure of
requested information within 20 working days of
receipt of the request (all references to Regional
Attorney herein include designated Supervisory Trial
Attorneys or Trial Attorneys). If granted, the
Regional Attorney will designate the anticipated date
of disclosure, whether via mailing of copies or
inspection. Inspection opportunities, when granted,
should be restricted to a reasonable, specified,
period of time. The Regional Attorney will ensure
that all disclosure determinations are carried out.
He or she shall grant disclosure requests for:
materials listed in Appendix A that are located in a
Field Office; non-confidential statistical data
related to office case processing; agreements between
the Commission and state or local fair employment
practice agencies under its jurisdiction, after
redacting attachments or sections that name or
otherwise specifically identify employers; and, public
information about current employees (see 5 C.F.R. §
293.311(a)), e.g., names, positions, grades, salaries
and duty station.
The Regional Attorney will grant or deny FOIA requests
for information contained in case files in accordance
with Commission policy. Under no circumstances should
the existence of a particular Title VII or Americans
with Disabilities Act charge be disclosed to a member
of the public. In addition, the identity of an
individual who files a confidential complaint pursuant
to the Equal Pay Act or the Age Discrimination in
Employment Act should not be disclosed.
Upon receipt of a FOIA request that raises novel
issues or has an impact beyond the receiving office,
the Regional Attorney or designee should contact the
Advice and External Litigation Division attorney
previously designated by the Assistant Legal Counsel
as FOIA advisor for that office. The Regional
Attorney will adhere to 29 C.F.R. Part 1610, implement
all FOIA appeal determinations and be guided by those
determinations in responding to future requests.
Whenever documents are being withheld, the Regional
Attorney must state in the response that appeals are
governed by 29 C.F.R. § 1610.11 and that they must be
addressed to the Legal Counsel, EEOC, Washington, D.C.
20507. The Regional Attorney should not accept FOIA
appeals. If the Regional Attorney forwards a request
to Headquarters or to another District Office for
response, on advice of the Advice and External
Litigation Division FOIA advisor or because the
requested information is located there, the requester
shall be informed of this action and that the request
will not be deemed received until actually received by
the appropriate office. The request should not be
denied.
To ensure expeditious handling of FOIA requests, the
Regional Attorney should instruct all clerical and
professional employees about the importance of the
FOIA. Employees shall also be informed of the
possible penalties for not complying with the FOIA and
this Order. Under 5 U.S.C. § 552(a)(4)(F), prior to
any action against an individual agency employee for
wrongful withholding of documents, a court must
have:(1) ordered the production of improperly withheld
documents, (2) assessed attorney's fees and other
litigation costs against the Government, and (3)
issued a written finding that agency personnel may
have acted arbitrarily and capriciously with respect
to the withholding. Employees should also be aware
that the unauthorized disclosure of documents
protected by the confidentiality provisions contained
in sections 706(b) and 709(e) of Title VII, 42 U.S.C.
§§ 2000e-5(b) and 2000e-8(e), may constitute the basis
for discipline.
b. Field, Area and Local Offices. Upon receipt of a FOIA
request, the Director shall promptly notify the
Regional Attorney. The Regional Attorney's
instructions, including requests for charge file
information, shall be fully complied with and
expeditiously implemented. If the request is forwarded
to another office, the Director shall inform the
requester of the action and that the request will not
be deemed received until actually received by the
appropriate office. To ensure the requisite promptness
of response, the Director shall instruct all employees
as to the importance of the FOIA, and of potential
penalties for not complying with the FOIA and this
Order.
c. Headquarters Library. Materials maintained at the
Library, see Appendix A, shall be made available to the
public for inspection and copying upon request. Such
requests require a response within 20 working days of
receipt. Requests for information not maintained by
the Library shall be hand-delivered, on the day of
receipt, to the Advice and External Litigation
Division, Office of Legal Counsel.
d. Headquarters Offices. The Office of Legal Counsel is
responsible for processing all FOIA requests received
at Headquarters. If a Headquarters office receives a
request for information that cites the FOIA, it should
be hand-delivered, on the day of receipt, to the Advice
and External Litigation Division, Office of Legal
Counsel, unless other arrangements are made. The time
period for responding to such requests will start to
run upon receipt in the Office of Legal Counsel. The
Office of Legal Counsel will process requests in
accordance with 29 C.F.R. Part 1610 and this Order, and
grant or deny requests in accordance with Part 1610 and
the FOIA updates.
8. TIME LOG, FEE COLLECTION AND WAIVER. All Commission
officers or employees required to respond to a FOIA request
will record the time allocated to locating or compiling
information. An annual summary of such time expenditures
shall be submitted to the Assistant Legal Counsel, Advice
and External Litigation Division, after the close of each
fiscal year.
The field Office Director, Deputy Legal Counsel, Regional
Attorney, Director, Library and Information Services
Division, or Assistant Legal Counsel, Advice & External
Litigation Division, or designees as indicated herein, shall
assess fees according to the published rates. See 29 C.F.R.
§ 1610.15. Indirect expenses such as standard mailing
costs, office overhead, etc., shall not be considered when
assessing the fee. Fees for searches that produce only non-
disclosable documents or no documents at all shall be
assessed in accordance with 29 C.F.R. §§ 1610.15 and
1610.16(b). Assessable fees may be waived pursuant to
section 1610.14 if waiver is in the public interest because
disclosure will enhance the public understanding of the
Agency and its functions, and is not primarily in the
commercial interest of the requester. Typically, costs less
than $5.00 and those to indigents should be waived.
Collection of fees should be in the form of checks or money
orders, made payable to the Treasurer of the United States,
and forwarded to the Financial Management Division, Office
of Financial and Resource Management.
9. LIST OF APPENDICES.
APPENDIX TITLE
A Data To Be Maintained By Designated
Commission Offices For Public Access
B FOIA Fees
10. OBSOLETE DATA. EEOC Order 150.001, Disclosure of
Information Under the Freedom of Information Act, dated
February 26, 1992, is obsolete and shall be removed from
directives reference files and destroyed.
/signed/
ELLEN J. VARGYAS
Legal Counsel
APPENDIX A
DATA TO BE MAINTAINED BY DESIGNATED COMMISSION
OFFICES FOR PUBLIC ACCESS
The Headquarters reading room is located in the Commission
Library, on the 6th floor of the Headquarters building, and is
open to the public by appointment. Reading areas are also located
in the respective District Offices. Field, Area and Local Offices
shall maintain the information listed below, but are not required
to provide a designated reading area if space availability is
limited.
1. District, Field, Area and Local Offices shall maintain the
following materials:
a. Blank EEOC forms relating to the Commission's
procedures as they affect the public;
b. EEOC's annual reports to Congress, to be distributed by
the Office of Communications and Legislative Affairs;
c. Compliance Manual and Index;
d. Federal Register entries published by the Commission;
e. EEOC Orders, including Directives, Supplements, and
Notices; and
f. An equal employment decisions looseleaf service and
bound volumes.
2. Headquarters Library. In addition to the materials listed
above, the Headquarters Library shall maintain the
following:
a. Opinions interpreting the Equal Pay Act or the Age
Discrimination in Employment Act, and all related
documents provided to the Commission by the Department
of Labor pursuant to the Memorandum of Understanding,
June 6, 1979, 44 Fed. Reg. 39,304 (1979);
b. Commercially unpublished Commission Precedent Decisions
and index;
c. Commission budgets submitted to Congress;
d. Commercially published indexes to the Compliance Manual
and the Commission Precedent Decisions; and
e. Other materials that the Legal Counsel or designee
determines should be publicly available for inspection
and copying in the public reading room under the FOIA.
APPENDIX B
FOIA FEES
***Please refer to 29 C.F.R. sections
1610.15 and 1610.16.***
This page was last modified on January 25, 1999.