In EEO
litigation, either
party may attempt to introduce the EEOC’s determination. For example, if the EEOC makes a
cause finding, the plaintiff’s
counsel may seek to introduce the EEOC’s determination as
evidence that is probative of
discrimination. Alternatively, the
defense counsel may seek to introduce the EEOC’s decision if the EEOC failed to make a
cause determination. Whether the EEOC’s
findings are admissible will vary depending on the
jurisdiction and whether the matter is tried to a judge or a jury. For example, the
Eleventh Circuit has
held that the
findings are generally admissible in a
bench trial, but that they may not be in a jury trial due to the risk of unfair
prejudice. See e.g.,
Lathen v. Department of Children and Youth Services, 172 F.23d 786, 791-92 (11thh Cir. 1999) (discussing the admissibility of agency
findings). Thus, it is necessary to research the law in the applicable circuit.
Nevertheless, certain documents submitted by either
party in the agency process may be admissible at trial. For example, the employee’s signed questionnaire may be admissible as an admission or for impeachment purposes. The employer’s representations to the agency may be similarly admissible.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
