The EEOC has refused to answer several Freedom of Information Act requests asking why it is appropriate to base hiring decisions on “cultural fit” in age discrimination cases but not in cases involving discrimination on the basis of race, sex, religion, color or national origin.
- Denied a request to provide copies of decisions issued by the EEOC in the past decade involving the use of “cultural fit”in the hiring process;
- Denied a request to identify the legal basis for applying a different legal standard with respect to hiring complaints filed under the Age Discrimination in Employment Act compared to complaints filed under Title VII of the Civil Rights Act.
- Denied a request to identify whether any outside agency, committee or commission reviews the adherence of the EEOC to legal standards.
The FOIA letter, signed by Kimberly J. Hall, an EEOC government information specialist, failed to cite any basis for the EEOC’s refusal to disclose agency records. She states the EEOC is not required to answer questions.
Last fall, the EEOC upheld two decisions by its appellate arm, the EEOC Office of Federal Operations, dismissing age discrimination cases where federal agencies based hiring decisions upon subjective criteria. The EEOC cited no legal precedent for dismissing the importance of objective qualifications (i.e. education and experience) in the hiring process in age discrimination cases and ignored well-settled legal precedent holding otherwise. Continue reading “EEOC Denies Freedom of Information Act Requests Re. ‘Cultural Fit’ Ruling”