A court has ruled that the EEOC may speak with former employees without the employer’s representative present. That gives employers less control over statements by former employees who were privy to company decisions.
Recent case: The EEOC sued the University of Chicago Medical Center, alleging that it discriminated against disabled employees by automatically firing employees who were off more than 12 weeks for medical reasons. The reason: More time off may be a reasonable accommodation.
Two key managers, who no longer work at the hospital, were involved in deciding when employees faced termination. The hospital asked the court to order the EEOC not to speak with them without someone from the hospital’s legal team present. The court denied the request. (EEOC v. University of Chicago Medical Center, No. 11-C-6379, ND IL, 2012)