QUESTIONS AND ANSWERS - FREEDOM OF INFORMATION ACT (FOIA) REQUESTS

(For more detailed information, see the FOIA Reference Guide at http://www.eeoc.gov/foia/handbook.html.)

1. What is the FOIA ?

The FOIA is a federal law that requires federal agencies to disclose agency records to the public, except to the extent that either the record, or a portion of it, is protected from disclosure by one of FOIA’s nine exemptions. The Office of Legal Counsel (OLC) administers the FOIA within EEOC.

2. What are agency records?

EEOC agency records are records that were created by EEOC and/or in the possession of the EEOC at the time the request is received.

3. Who can make a FOIA request?

4. How do I request records?

A FOIA request must be made in writing and reasonably describe the requested records. You should provide as much information as possible regarding the record, such as the date, location, subject, names, and charge or complaint numbers.

A FOIA request for information must be clearly and prominently identified as a FOIA request. This means that the word “FOIA” should be on the envelope and in the text of the correspondence making the request.

5. Where do I submit a FOIA request?

You may submit your request for records concerning the four areas immediately below to the Regional Attorney responsible for the district, field, area or local office where you believe the records are located. 29 C.F.R. §1610.7(a):

• materials in field office investigative files relating to charges filed under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act of 1967, or the Americans with Disabilities Act;
• agreements between the Commission and Fair Employment Practice Agencies (FEPA’s);
• existing non confidential statistical data; and
• information about current or former employees of the district office.

(See Regional Attorneys at http://www.eeoc.gov/foia/contacts.html.)

All other FOIA requests should be submitted to: EEOC, Stephanie D. Garner, Assistant Legal Counsel, Office of Legal Counsel, FOIA Programs, 131 M Street, NE Suite 5NW02E Washington, DC 20507; faxed to 202-663-4639 or 202 663-7176; or emailed to foia@eeoc.gov.

6. When can I make a FOIA request for a copy of my charge file?

A charging party may gain access to his/her charge file after EEOC issues a Notice of Right to Sue letter (NRTS). After receiving a NRTS, a charging party has 90 days in which to request a copy of the charge file.

7. Can I make a FOIA request for a copy of my charge file after making a request for the same file under Section 83 of the EEOC Compliance Manual?

Yes. A request for a copy of your charge file under Section 83 does not preclude you from making a request for the same file under the FOIA.

8. How do I check the status of my FOIA request?

You can check the status of the FOIA request by contacting the FOIA Requester Service Center (RSC) by telephone at 202-663-4300, or by fax at 202-663-4639, or by contacting the FOIA Programs staff member identified in the acknowledgement letter at the telephone number indicated.

The FOIA RSC is the first place that a FOIA requester should contact to seek information concerning the status of a FOIA request or questions about a FOIA.

9. What is the cost of making a FOIA request?

There is no charge associated with submitting a FOIA request. However, if you are an “other category requester, as most EEOC FOIA requesters are, and locating the specific records requested takes more than 2 hours, you will be charged for search time. The first 100 pages of records are provided without charge. However, after the 100 “free” pages, you will be charged 15 cents per page.

10. By what format are records disclosed?

Generally, records are disclosed in hard copy by mail. Records can be disclosed in alternate formats, for example, by fax or by email, if requested, and if a fax number or email address is provided by the requester. Records can only be disclosed in alternate formats if the records are readily reproducible in that format.

11. Who duplicates the records for a FOIA request?

Requests for records are sometimes duplicated in house by EEOC or sent to a contractor for duplication. Whether or not your request will be sent to a private contractor depends upon the workload of the office, the volume of the request, and your agreement to have the records to be disclosed to you processed by a contractor retained by EEOC.

12. Who can grant or deny a FOIA request?

The Regional Attorney or designee in each district office has authority to grant or deny a FOIA request within his/her District.

The Legal Counsel or designees, i.,e., the Assistant Legal Counsel, FOIA Programs and the Assistant Legal Counsel, Advice and External Litigation Division, have authority to grant or deny FOIA requests and appeals.

13. How long does EEOC have to respond to a FOIA request?

The FOIA specifies that a determination on a FOIA request is to be issued within 20 working days, excluding Saturdays, Sundays, and federal holidays, after receipt of the request. The 20 working day period does not begin until the request is received by the appropriate official, Regional Attorney, designee or Assistant Legal Counsel, FOIA Programs. If a determination cannot be issued within the 20 working days permitted by the FOIA, a 10 working day extension is permitted in unusual circumstances. If it is not possible to issue a determination after the extension, the EEOC will contact you and attempt to negotiate a new due date or to refine the request.

14. What type of records can I inspect and duplicate at EEOC without a FOIA request?

You may view and duplicate EEOC records at the library (Public Reading Room) located at EEOC Headquarters, 131 M Street, NE Suite 5NW02E Washington, DC 20507 or at any EEOC District Office (see http://www.eeoc.gov/offices.html for a list of EEOC District Offices). Documents available for disclosure include:

• Commission notices and EEOC regulatory amendments which are not, or never have been, published in the Code of Federal Regulations;
• The Commission’s annual reports;
• The Commission’s Compliance Manual;
• Blank forms relating to the Commission’s procedures as they affect the public; and
• The Commission’s Orders, Directives and Decisions.

15. What types of EEOC records are not disclosed to the public?

Charges of employment discrimination, charge conciliation information and EEO survey data may not be disclosed to the public. Federal sector complaints are also not disclosed to third parties. Records containing inter or intra agency pre-decisional deliberations and recommendations, analyses, opinions, attorney-client, attorney work-product, information given to EEOC by confidential sources and matters involving the personal privacy and personnel or medical records of a third party will not be disclosed. As examples, EEOC does not disclose the Investigative Memorandum; categorization codes; or the name, telephone number, address, social security number or other personal information concerning a third party.

16. Are there any other requirements for disclosure that must be followed?

A request for survey data for a particular employer (EEO-1), labor organization (EEO-3), joint labor management committee controlling an apprenticeship program (EEO-2) or a state or local government (EEO-4), must be accompanied by a copy of a court complaint stamped “Filed,” indicating that the charging party has filed suit under Title VII/ADA against the named respondent.

17. What action can I take if I am dissatisfied with a FOIA determination?

When a request for records has been denied completely or partially, the requester may appeal within 30 calendar days of receipt of the Regional Attorney or Assistant Legal Counsel’s determination letter. The following procedure must be followed:

Failure to follow EEOC regulations will delay the time within which the appeal will be reviewed and a determination issued. The Assistant Legal Counsel will act upon the appeal within 20 business days of receipt of the initial determination letter. If you are dissatisfied with the determination on appeal, your will be given right to file a civil suit in Federal District Court.

18. Must a FOIA request be made in English?

No, a FOIA request may be made in any language.

This page was last modified on December 4, 2008.

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