Friday, February 21, 2014
Re: Request for copy of EEOC substantial weight review of plaintiff's Title VII complaint Disposition: Granting defendant's motion for summary judgment
- Exemption 5, Deliberative Process Privilege: The court "finds, based on the declaration and materials submitted by Defendant EEOC, that the substantial weight review reflects the deliberative and decision-making processes of the EEOC." The court explains that "[i]t contains communications to the decisionmaker responsible for the ultimate outcome of the Dismissal and Notice of Rights letter given to [plaintiff]" and, "[a]s such, it was properly withheld from disclosure under 5 U .S.C. § 552(b)(5)."
- Litigation Considerations, In Camera Inspection: The court "finds such a review unnecessary, however, given that the arguments put forth by the EEOC regarding exemption five remain uncontested by [plaintiff]."
In Camera Review
Updated August 6, 2014