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EEOC Rule Would Allow Digital Sending of Charge-Related Documents

Feb. 21, 2019, 4:36 PM

The Equal Employment Opportunity Commission is updating its rules for private employers to account for a transition to a digital charge intake system, according to a proposed rule slated for publication Feb. 22.

The agency also hopes to clarify language to inform parties that a “no cause” closure of a charge filed with the agency doesn’t mean that the allegation lacks merit.

“The EEOC’s digital charge system makes the EEOC more accessible and more transparent to the public,” EEOC Acting Chair Victoria A. Lipnic said in a statement. “We encourage the public to provide candid feedback on these updates to our procedural rules as part of the agency’s move to online services.”

The agency has “developed and incrementally implemented” the digital charge intake system, and the new rule would officially allow for the digital transmission of charge-related documents, an agency spokesperson told Bloomberg Law.

The new rule would also update language to make it explicitly clear to parties that a “no cause” finding from an agency investigation of a charge doesn’t mean the end of the road for private litigation.

“The purpose of this proposed amendment is to ensure that charging parties, respondents, and courts understand that the extent of an EEOC investigation can vary widely from charge to charge, and therefore should not be viewed as a final evaluation of whether discrimination occurred or is occurring,” the proposed rule said.

To contact the reporter on this story: Paige Smith in Washington at psmith@bloomberglaw.com

To contact the editors responsible for this story: Simon Nadel at snadel@bloomberglaw.com; Terence Hyland at thyland@bloomberglaw.com

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