On August 22, 2017, a federal trial judge injected uncertainty into the ability of in-house counsel to communicate with company employees during an Equal Employment Opportunity Commission (EEOC) investigation. In EEOC v. Day & Zimmerman NPS, Inc. (D. Conn. Aug. 22, 2017), Judge Victor A. Bolden concluded that an employer could be liable for ADA retaliation by sending a letter to its employees informing them of the existence of an ADA claim by an employee and advising them about potential interviews by the EEOC.
By way of background, the employee involved had filed a charge with the EEOC, alleging that a company had violated the ADA by firing him from working at the Millstone nuclear power station after he provided a doctor’s note indicating that he could not work around radiation. The EEOC soon commenced an investigation into the charge, requesting a list of roughly 150 employees who worked at Millstone during the time period at issue, including those individuals’ names, job titles, dates of employment, home addresses, and telephone numbers.
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