Employers that have had an EEOC charge of discrimination filed against their companies over the past several years are already familiar with the agency’s digital portal. Charges are routinely served via email, and responses and correspondence are posted electronically to the portal. On February 22, the EEOC proposed expanding the digital portal for the exchange of records and other information requested during the course of the investigation.

The EEOC portal allows all parties to review postings to that particular charge. In some circumstances, employers are concerned over the charging party gaining access to names of witnesses or other information, especially where there are concerns that the individual will retaliate against such persons. In these circumstances, employers should take precautions to redact identifying information and explain the circumstances to the EEOC investigator in lieu of simply posting these documents to the portal. The EEOC is taking comments on the proposal through April 23.