Opinion
CIVIL ACTION NO 00-2236-KHV
September, 2000
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff's Motion for Inspection and Reproduction of Equal Employment Opportunity Commission Records (doc. 7) and Plaintiff's Motion for Inspection and Reproduction of Kansas Human Rights Commission Records (doc. 8). Plaintiff seeks orders requesting the Equal Employment Opportunity Commission (EEOC) and Kansas Human Rights Commission (KHRC) to produce for inspection and copying all records pertaining to the charges filed by Kathy Conley in EEOC Case No. 28D990663 and KHRC Case No. 23726-99.
I. KHRC RECORDS
The Court finds that the requested KHRC documents are relevant and discoverable, subject to the Court's review of any objections that may be filed by the KHRC. The KHRC shall produce such documents for inspection and copying by the attorneys of record herein; provided, however, that the KHRC may, upon review of its file (1) withhold from production any documents that are deliberative or conciliatory in nature or that are work product of a KHRC attorney; and (2) file objections to producing any other documents that the KHRC contends it has a legal basis not to produce. Any such objections shall be filed with the Court and served on the parties herein within twenty (20) days of the date of this Memorandum and Order .
II. EEOC RECORDS
The Court will decline to enter an order requiring the EEOC to produce for inspection or copying the records relating to Plaintiff's EEOC charge. As this Court noted in Scott v. Leavenworth Unified School Dist. No. 453, 78 F. Supp.2d 1198 (D.Kan. 1999), a party seeking EEOC records should submit a Freedom of Information Act (FOIA) request directly to the EEOC rather than subpoenaing the records from the EEOC or seeking a court order. Id. at 1200, n. 1. As explained in Scott, the EEOC's Compliance Manual sets forth specific rules for dealing with requests for EEOC records made under FOIA, 5 U.S.C. § 552. See EEOC Compliance Manual, § 83. See also Equal Employment Opportunity Commission v. Associated Dry Goods Corp., 449 U.S. 590, 596 (1981) (describing various provisions of § 83). The rules set forth in § 83 of the EEOC Compliance Manual permit the EEOC to release information in the EEOC's files to charging parties, respondents, and their attorneys if the request for information is made in connection with litigation and after a right to sue notice has issued. Id. (citing EEOC Compliance Manual, § 83).
In light of the above, a court order is not necessary here, and Plaintiff should submit a written request directly to the EEOC. The request should be directed to the EEOC at its office at Gateway Tower II, 4th and State Ave., 9th Floor, Kansas City, KS 66101.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff's Motion for Inspection and Reproduction of Equal Employment Opportunity Commission Records (doc. 7) is denied, and the EEOC will not be ordered to produce the requested documents. Plaintiff's Motion for Inspection and Reproduction of Kansas Human Rights Commission Records (doc. 8) is granted, and, within twenty (20) days of the date of this Order , the KHRC shall produce for inspection by the attorneys of record for both Plaintiff and Defendant, all records pertaining to KHRC Case No. 23726-99, subject to the qualifications set forth in Part I of this Order. The KHRC shall allow copies of the same to be made at the expense of the party requesting such reproduction.
IT IS SO ORDERED.