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Does EEOC have authority to disregard part or all of testimony?

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w123los

Junior Member
What is the name of your state? California

In conducting an investigation, does the EEOC have the authority to disregard part or all of a party's testimony if the EEOC determines that party knowingly made false and direct evidence (e.g. emails, memos, and etc) contradict those statements? Similar to testimony given in civil court?

http://www.eeoc.gov/federal/md110/chapter1.html

Thanks,
w123los
 
Last edited:


mitousmom

Member
EEOC makes credibility determinations on witness testimony which can influence the weight it gives that evidence.

The reference you cite is EEOC's guidance for processing complaints made by federal employees or applicants alleging discrimination by federal agencies. It doesn't govern EEOC's processing of charges of discrimination filed against private sector and non-federal governmental employers. Further, it doesn't seem to address the question you posed.
 

w123los

Junior Member
Further Information

mitousmom, you are correct with regards to the link I posted. I was trying to give readers a link closest to EEOC documentation relation to policy. I have been unable to find detailed documentation on how they handle testimony. But I thought someone could follow that link to the appropriate documentation.

I guess I want to know if the plantiff has the right to request that testimony be disregarded and/or the EEOC has the authority to disregard complete/part testimony. This probably a question the EEOC can answer but......

Thank you,
w123los
 

mitousmom

Member
EEOC is an independent federal agency that doesn't represent the complaining party or the employer. They represent the federal government and their main purpose is to make sure that employers abide by the federal anti-discrimination statutes. Either party can make a request of EEOC, but EEOC decides what it wants to do based on preserving the government's interests. If you've ever dealt with them, you quickly realize that neither party can dictate how they will proceed.

The material at this website suggests how EEOC handles credibility determinations to some extent: http://www.eeoc.gov/policy/docs/race-color.html. It makes reference to another source document, EEOC Compl. Man., Vol. I, Sec. 26, "Selection and Analysis of Evidence" but that document doesn't appear to be available on EEOC's website.
 

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