- Exemption 5, Deliberative Process Privilege: The court finds that "the EEOC has carried its burden of showing that the memorandum in question was both predecisional and deliberative." The court explains that the "memorandum represents an individual case officer's recommendation to her director about the disposition of that charge, that such recommendation does not bind the director, and that it is not incorporated in any way into the final disposition of the charge." The court also "concludes that the . . . memorandum was not the 'working law' of the EEOC."
Martin v. EEOC, No. 12-1281, 2014 WL 689708 (D.D.C. Feb. 24, 2014) (Jackson, J.)
Monday, February 24, 2014
Re: Records concerning handling of plaintiff's EEOC case Disposition: Granting defendant's motion for summary judgment
Updated August 6, 2014