>From the web page http://www.eeoc.gov/foia/handbook.html The U.S. Equal Employment Opportunity Commission Freedom Of Information Act Reference Guide (Issued July, 1998 by the Office of Legal Counsel) I. Introduction II. Access to Certain Records Without a FOIA Request III. Where to Make a FOIA Request IV. How to Make a FOIA Request V. Time for Response VI. Expedited Processing VII. Fees VIII. Fee Waivers IX. Initial Request Determination X. Appeals XI. Judicial Review This page was last modified on January 25, 1999. ---------- I. Introduction The Freedom of Information Act (FOIA), which can be found in section 552, of Title 5 of the United States Code, provides that every person has the right to request access to federal agency records or information. Federal agencies, such as the Equal Employment Opportunity Commission (EEOC) are required to disclose records upon receiving a written request for them, except for those records that are protected from disclosure by the nine exemptions and three exclusions of the FOIA. This right of access is enforceable in court. The federal FOIA does not, however, provide a right of access to records held by state or local government agencies, or by private businesses or individuals. All states have their own statutes governing public access to state and local records and state authorities should be consulted for further information about them. This reference guide is designed to familiarize you with the specific procedures for making a FOIA request to the EEOC. The process is neither complicated nor time-consuming. Following the guidance below will make it more likely that you will receive the information you are seeking in the shortest amount of time. This guide also includes descriptions of the types of records maintained by the EEOC, some of which are available through means other than the FOIA. Other general sources of information about how to make a FOIA request include: * "Your Right to Federal Records," available for fifty cents per copy from the Consumer Information Center, P.O. Box 100, Pueblo, CO 81002. This publication also can be accessed electronically on the Internet at http://cpsr.org/cpsr/foia/foia_q&a.txt. * "A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records." This report is published by the Committee on Government Reform and Oversight of the House of Representatives. This publication is available for sale for $5.00 from the U.S. Government Printing Office, stock number 052-071-012-30-3. It also can be accessed on the Internet by going to http://www.house.gov/reform/replist/foia.htm. In addition, the "Consumer's Resource Handbook" describes which federal agencies are responsible for specific consumer problems and where to write for assistance. Single copies of this publication may be obtained for free by writing to: Handbook, U.S. Office of Consumer Affairs, 750 17th Street, NW, Washington, D.C. 20006-4607. This booklet also can be found on the Internet at http://www.pueblo.gsa.gov/1997res.htm. The formal rules for making a FOIA request to the EEOC are found in Part 1610 of Volume 29 of the Code of Federal Regulations (C.F.R.). This multiple-volume set is available in many law libraries and federal depositary libraries. A copy of the portions of Chapter 1600 pertaining to making FOIA requests may be obtained from the EEOC, Office of Legal Counsel, 1801 L Street, NW, Washington, D.C. 20507. The formal rules may also be accessed on the Internet at http://www.access.gpo.gov/nara/cfr/index.html (enter "29CFR1610" in the "Search Terms" box). A copy may also be obtained from the EEOC web site at http://www.eeoc.gov/foia/1610.txt. In most cases, though, this reference guide should provide you with the basic information that you will need. ---------- II. Access to Certain Records Without a FOIA Request All agencies make certain types of records, created by the agency on or after November 1, 1996, available electronically. For EEOC, many of these can be found on EEOC's website, located at http://www.eeoc.gov. These records include EEOC's National Enforcement Plan, the text of all statutes enforced by EEOC, interpretative guidance on Title VII and the Americans with Disabilities Act and information on how to file a charge of discrimination. Information concerning the EEOC may also be accessed through the Government Information Locator Service (GILS), which contains an extensive electronic listing of the EEOC's information resources. Each GILS entry describes the information resource and tells you how to obtain or access it. EEOC's GILS can be located at the following uniform resource locator address: http://www.access.gpo.gov/su_docs/gils/gils.html. It is also possible to access EEOC's GILS for free through Federal depository libraries -- call 202/512-1530 or send Internet e-mail to: gpoaccess@gpo.gov. The EEOC GILS may also be accessed through GPO Access using the following alternative procedures: * Via Telnet - telnet://swais.access.gpo.gov (and select GILS from the menu.) * Via WAIS Client - Host: wais.access.gpo.gov Database: GILS; PORT: 210 * Via dial-up to the GPO Access Bulletin Board - 202/512-1661 (Modem setting N, 8, 1); type "swais", login as "guest" and select GILS from the menu.) After following one of the above procedures, you will be on the GPO Access GILS Home Page. A menu will provide the option of accessing the records of a number of agencies, of which EEOC will be one. To retrieve a summary guide to EEOC's GILS records, select the default "Search Full Text," select "EEOC" for agency, "IRMS.3" for Search Term. To retrieve EEOC GILS records, again select the default "Search Full Text" option, "EEOC" for Search Terms. The GPO Access User Support Team may be contacted for assistance by E-Mail - gpoaccess@gpo.gov or by telephone at 202/512-1530. The EEOC also maintains public reading areas at its headquarters library and in each of its District Offices that are available to the public by appointment. The public reading areas contain the information listed below. This same information is available at the Commission's Field, Area and Local offices, but these offices are not required to have designated reading areas for the public unless space permits. The EEOC's District, Field, Area and Local offices maintain the following materials for public inspection: * Blank EEOC forms relating to the Commission's procedures as they affect the public; * EEOC's annual reports to Congress; * EEOC's Compliance Manual and Index: * Federal Register notices published by the Commission; * EEOC Directives, including Internal Orders, Supplements, and Notices; and * An equal employment decisions looseleaf service and bound volumes. In addition to the materials listed above, the Headquarters library maintains the following on file for public inspection: * Commercially unpublished Commission Precedent Decisions and index; * Commission budgets submitted to Congress; * Commercially published indexes to the Compliance Manual and the Commission Precedent Decisions; and * Other materials that the Legal Counsel or designee determined should be publicly available for inspection and copying in the public reading room under the FOIA. The EEOC makes certain information, such as its publications and standard forms, available in paper copy form without requiring a formal FOIA request. Requests for these publications and forms can be made to any EEOC office. Among these publications is the EEOC annual report to the U.S. Attorney General on the FOIA, which includes extensive statistical information about FOIA requests to the EEOC. Copies of the annual FOIA report may be obtained from the Equal Employment Opportunity Commission, Office of Legal Counsel, 1801 L Street, NW, Washington, D.C. 20507. Commencing with the 1998 report, the annual FOIA report will be available through the EEOC's website. The EEOC also discloses information from employment discrimination charge files to the parties to the charges pursuant to section 83 of the EEOC Compliance Manual. Section 83 does not apply to charges filed under the Age Discrimination in Employment of 1967, as amended, 29 U.S.C. 621 et seq. (ADEA) or Equal Pay Act of 1963, as amended, 29 U.S.C. 206(d) EPA) matters. It only applies to charging parties or respondent employers. Requests for disclosure pursuant to section 83 may be addressed to the director of the office where the charge was filed or investigated at the address provided in 29 C.F.R. 1610. ---------- III. Where to Make a FOIA Request The EEOC is composed of a headquarters office in Washington, D.C. and a total of 50 district, area, and local offices located throughout the country. These subdivisions of the EEOC are often referred to as field offices. District offices process FOIA requests for their own records as well as for those located in area or local offices that report to them. Each district office has a resident regional attorney. Therefore, your request will receive the quickest possible response if it is addressed directly to the regional attorney. In fact, your request will not be deemed received until it is actually received by the appropriate EEOC official. Requests for the following types of records must be submitted to the regional attorney for the pertinent district, local or area office at the district office address. Requests for records from the Washington Field Office must be submitted to the regional attorney in the Baltimore District Office at the district office address. * information about current or former employees of a field office; * existing non-confidential statistical data related to the case processing of a field office; * agreements between the Commission and State or local Fair employment agencies operating within the jurisdiction of a field office; or * materials in field office investigative files related to charges under Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay Act (29 U.S.C. 206(d)); the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); or, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Requests for any other records or for records whose location is unknown to the requester, must be submitted in writing to the Legal Counsel, Equal Employment Opportunity Commission, 1801 L Street, NW, Washington, D.C. 20507. ---------- IV. How to Make a FOIA Request A FOIA request can be made for any agency record. This does not mean, however, that the EEOC will disclose any record sought. As noted above, there are statutory exemptions that authorize the withholding of information of an appropriately sensitive nature. When the EEOC does withhold information from you, it will specify what exemption of the FOIA permits the withholding. You should be aware that the FOIA does not require agencies to do research for you, to analyze data, to answer written questions, or to create records in order to respond to a request. Requests must be in writing, either handwritten or typed. While requests may be submitted by fax, the EEOC does not yet have the capability to accept FOIA requests submitted through the Internet. There is no special form or particular wording for making requests; simply state that you are requesting documents under the FOIA and describe the documents you are requesting. In making your request you should be as specific as possible with regard to names, dates, places, events, subjects, etc. In addition, if you seek records about a case, you should provide the names of the parties to the case, the court or office in which the case was filed, and the nature of the case. If known, you should include any file numbers or descriptions for the records that you want. You do not have to give a requested record's name or title, but the more specific you are about the records or types of records that you want, the more likely it will be that the EEOC will be able to locate those records and that any search charges will be minimized. For example, if you filed a charge of discrimination and you wish to request a copy of the file, listing the charge number, the EEOC office where it was filed, and the name of the respondent will be helpful in deciding where to search and in determining which records respond to your request. ---------- V. Time for Response Under the statute, all federal agencies are required to respond to a FOIA request within 20 business days, excluding Saturdays, Sundays, and legal holidays. This period does not begin until the request is actually received by the appropriate agency official which is either the Regional Attorney or the Legal Counsel. This does not mean that the agency official is required to send out the releasible documents within those 20 days. The FOIA requires that EEOC send you a letter informing you of its decision within those 20 days; it can then send out the documents within a reasonable time after its decision or its receipt of fees owed. Under the FOIA, the response time may be extended for an additional ten business days when: (1) responsive records need to be collected from field offices; (2) the request involves a "voluminous" amount of records which must be located, compiled, and reviewed; or (3) the EEOC must consult with another agency which has a substantial interest in the responsive material. When such an enlargement is needed, the EEOC will notify you of this in writing and indicate when a response will be made. If it will not be able to respond to your request even with a ten business day extension, it will notify you of this in writing and offer you the opportunity to modify or limit your request. Alternatively, you may agree to a different timetable for the processing of your request. When a determination on your request is not made within the deadline described above and you have not agreed to a different response deadline, you may file suit in federal court to obtain a response. If, however, the court concludes that you have unreasonably refused to limit your request or to accept an alternate timetable for response, the court may find that the EEOC's failure to comply within the statutory time period is justified. The court also may approve a delay if it concludes that the EEOC is experiencing an unexpected, substantial increase in the number of requests received. In addition, the court may excuse the lack of a timely response if the EEOC demonstrates that it has a backlog of requests that were received before yours, that it processes its requests on a first-come/ first-served basis, and that it is making reasonable progress in reducing its backlog. In such cases, the court may postpone its consideration of your lawsuit until the EEOC reaches your request in its processing backlog. ---------- VI. Expedited Processing Under certain conditions you may be entitled to have your request processed on an expedited basis. However, you should realize that whenever a FOIA request is expedited for a particular requester, it results in an additional delay for previous requesters who have been waiting for a response. A request for records may be expedited upon the requester's demonstration of a compelling need. Compelling need means that the failure to obtain the records on an expedited basis could pose an imminent threat to the life or physical safety of an individual or that the requester is primarily engaged in the dissemination of information, and there is a urgency to inform the public concerning actual or alleged Federal government activity. A request will not be expedited simply because a requester is facing a court deadline. A request for expedited processing must set forth the reasons why the request should be expedited. The requester must certify that the reasons given for seeking expedited processing of his request are true and correct to the best of his knowledge and belief. The EEOC will notify the requester of its decision whether to grant expedited processing within ten days after receiving the certified request. If the EEOC denies the request for expedited processing, the requester will be advised of his right to submit an administrative appeal, which will be handled expeditiously. ---------- VII. Fees There is no initial fee to file a FOIA request and, in the majority of requests made to the EEOC, no fees are charged. By law, however, an agency is entitled to charge photocopying, search and processing fees as explained below. For the purposes of fees only, the FOIA divides requesters into three categories. First, commercial requesters may be charged fees for searching for records, processing the records, and photocopying them. Second, educational or noncommercial scientific institutions and representatives of the news media are charged only for photocopying expenses after the first 100 pages. Third, requesters who do not fall into either of these first two categories are charged for searching and photocopying, but there is no charge for the first two hours of search time or for the first 100 pages of photocopies. The EEOC currently charges $17.00 per hour for professional search and review, $7.00 for clerical search and review and 15 cents per page for photocopying. In all cases, if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee, the EEOC will not charge any fee at all. You may always include in your request letter a specific statement limiting the amount that you are willing to pay in fees. If you do not do so, the EEOC will assume that you are willing to pay fees of up to $25.00. If it is estimated that the total fees for processing your request will exceed $25.00, you will be notified in writing of the estimate and offered an opportunity to narrow your request in order to reduce the fees. If you continue to want all of the records involved you will be asked to agree to pay the estimated fees. The processing of your request will be suspended until you agree to bear the costs. You ordinarily will not be required to actually pay the fees until the records have been processed and are ready to be sent to you. If, however, you have failed to pay fees within 30 days of billing in the past, or if the estimated fees exceed $250.00, you may be required to pay the estimated fees in advance. If you agree to pay fees and then fail to do so within 30 days of billing, you may be charged interest on your overdue balance and the EEOC will not process any further requests from you until payment has been made in full. If you agree to pay fees for searching for records, be aware that you may be required to pay such fees even if the search does not locate any responsive records or if the located records are withheld. ---------- VIII. Fee Waivers If you are advised or expect that a fee will be charged, you may request a waiver of those fees. However, fee waivers are limited to situations in which a requester can show that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Requests for fee waivers from individuals who are seeking records pertaining to themselves usually are denied under this standard because such disclosures usually will not result in any increase of the public's understanding of government operations and activities. In addition, a requester's inability to pay fees is not a legal basis for granting a fee waiver. ---------- IX. Initial Request Determination Once your request has been processed, you will be sent a written initial determination. In many cases, the EEOC will include any documents that can be disclosed along with the determination letter, although where a fee has been charged, the documents themselves will be sent within a reasonable time after the fee has been paid. The FOIA provides access to all federal agency records (or portions of those records), except for those records that are withheld under nine exemptions and three exclusions (reasons for which an agency may withhold records from a requester). The determination letter will advise you whether any information is being withheld pursuant to one or more of the exemptions. When pages are being withheld in their entirety, the EEOC usually either will specify the number of pages being withheld or will make a reasonable effort to estimate the amount of the withheld information. The exemptions authorize federal agencies to withhold information covering: (1) classified national defense and foreign relations information, (2) internal agency rules and practices, (3) information that is prohibited from disclosure by another federal law, (4) trade secrets and other confidential business information, (5) inter-agency or intra-agency communications that are protected by legal privileges, (6) information whose disclosure would invade someone's personal privacy, (7) information compiled for law enforcement purposes, (8) information relating to the supervision of financial institutions, and (9) certain geological information. The three exclusions, which are rarely used, pertain to especially sensitive law enforcement and national security matters. Even if information may be withheld under the FOIA, the EEOC still may disclose it as a matter of administrative discretion if disclosure is not prohibited by any law and would not cause any foreseeable harm, although the EEOC is not legally obligated to do so. The vast majority of requests received by the EEOC are for charge files. They are ordinarily not available under FOIA to anyone other than the charging party or respondent because of the confidentiality provisions of Title VII of the Civil Rights Act and the Americans with Disabilities Act and privacy concerns. Even the charging party and respondent may not be entitled to the files if EEOC has not terminated its proceedings on the charge, the time for filing a lawsuit has expired or privacy concerns warrant it. Specific documents from a file may be withheld from the charging party or respondent if they are privileged or disclosure would invade privacy or reveal a confidential informant's identity. ---------- X. Appeals You may file an administrative appeal if you are not satisfied with the initial response because you may disagree with the withholding of information or you may believe that there are additional records responsive to your request that were not located. You also may file an administrative appeal if your request for expedited processing or a fee waiver was denied. You will be advised of your right to file an appeal in the initial determination letter or in the letter denying your request for expedited processing or a fee waiver. Ordinarily, your appeal must be received within thirty days of the date of the component's determination letter. This time may be extended if you can show that unusual circumstances prevented you from appealing or if the EEOC failed to notify you of your right to appeal in its determination letter. All appeals must be made in writing and addressed to: Assistant Legal Counsel Equal Employment Opportunity Commission 1801 L Street, NW Washington, D.C. 20507 Both the front of the envelope and the appeal letter should contain the notation "Freedom of Information Act Appeal." There is no specific form or particular language needed to file an administrative appeal but you must enclose a copy of the initial determination letter. Please do not attach copies of released documents unless they pertain to some specific point you are raising in your appeal. You may explain the reasons for your disagreeing with the action, but a simple statement that you are appealing the decision is ordinarily sufficient. If, however, you are appealing because you believe there are additional records that have not been located in response to your request, you should specify why you think such records exist and, if possible, where you believe they might be located. The Office of Legal Counsel will review the withheld documents and the reasons cited in the initial decision, and will make an independent determination as to whether your request was properly processed. Under the FOIA, EEOC is required to make a determination on your administrative appeal within 20 business days. The Office of Legal Counsel may take one of several actions on your appeal. It may affirm the decision in full, in which case it will identify which exemptions (if any) have been appropriately claimed. Or, it may affirm part of the decision (identifying the applicable exemptions), but order the release of other information previously withheld. Finally, under some circumstances, it may return or "remand" the request for complete reprocessing. When a case is remanded, you will have an opportunity again to appeal to the Office of Legal Counsel after the regional attorney has reprocessed the records if you remain dissatisfied with the regional attorney's action in any respect. ---------- XI. Judicial Review If you still believe that the EEOC has not handled your FOIA request in accordance with the law after your appeal has been decided, you have a right to challenge the agency's action in a lawsuit filed in Federal Court, through the litigation process known as "judicial review." Before doing so, you ordinarily will be required first to have filed an administrative appeal and to have received a response. If the EEOC fails to respond to either your initial request or your appeal within the time limits discussed above, however, you may file suit as soon as the time limits have expired. If you do bring a court action, you may file your suit in a Federal District Court in any of the following places: (1) where you reside, (2) where you have your principal place of business (if any), (3) in the District of Columbia, or (4) where the records are located, if they are not located in the District of Columbia. If you have waited until you have received an administrative appeal determination, that final administrative response letter will advise you of your right to seek judicial review and will specify where you can do so. You have six years to file suit from the time your right to sue begins. Lastly, please understand that attorneys and employees of the EEOC are prohibited from giving legal advice to members of the public on any matters, including Freedom of Information Act litigation. ---------- End of Document