confidential information

Retail employers with international operations and who have executives who engage in cross-border travel may particularly wish to read and take note of Daniel Levy’s post, “It’s a Brave New World: Protecting Trade Secrets When Traveling Abroad with Electronic Devices.”

Following is an excerpt:

Consider the following scenario: your organization holds an annual meeting with all Research & Development employees for the purpose of having an open discussion between thought leaders and R&D regarding product-development capabilities. This year’s meeting is scheduled outside the United States and next year’s will be within the U.S. with all non-U.S. R&D employees traveling into the U.S. to attend. For each meeting, your employees may be subject to a search of their electronic devices, including any laptop that may contain your company’s trade secrets. Pursuant to a new directive issued in January 2018 by the U.S. Custom and Border Protection (“CBP”), the electronic devices of all individuals, including U.S. citizens and U.S. residents, may be subject to search upon entry into (or leaving) the U.S. by the CBP. …

Read the full post here.

The top story on Employment Law This Week is the EEOC’s announcement of new nationwide disclosure rules for position statements.

Retroactive to January 1, 2016, employers should expect the disclosure of their position statements to the charging party, even if the statement contains confidential information. Under the new policy, complainants have the right to request access to the statement and respond to it, but any response from the charging party will not be disclosed to the employer in turn. Lauri Rasnick, a Member of the Firm at Epstein Becker Green, has more on what this means for employers.

View the episode below or read more about the EEOC’s announcement in an earlier blog post.

The Equal Employment Opportunity Commission (“EEOC”) recently implemented nationwide procedures for the release of employer positionConfidential-shutterstock_41997904 statements to Charging Parties upon request.  The new procedures raise concerns about disclosure by the EEOC of non-public personnel and commercial or financial information the employer may disclose to support its position with regard to the Charge.

Before releasing the supporting documents to the Charging Party, the EEOC will review the employer’s submissions and withhold only information the Commission decides should be considered confidential.  The type of information considered confidential by the EEOC includes:

  • Sensitive medical information (except for the Charging Party’s medical information)
  • Social Security Numbers
  • Confidential commercial or confidential financial information
  • Trade secrets
  • Non-relevant personally identifiable information of witnesses, comparators or third parties, e.g., dates of birth in non-age cases, residential addresses, personal telephone numbers, personal email addresses, etc.
  • References to Charges filed with the EEOC by other Charging Parties

The EEOC has stated  that it will not accept an employer’s blanket or unsupported assertions of confidentiality.  If employers present confidential information with their position statements, the EEOC instructs that the information should be segregated from the position statement in separate attachments and bear one of the following designations to signify that the attachment contains information believed to be confidential and subject to protection from disclosure:

  • Sensitive Medical Information
  • Confidential Commercial Information
  • Confidential Financial Information
  • Trade Secret Information

The labels are intended to expedite the EEOC’s review of confidential information and consideration of the justification proffered to maintain confidentiality.  After its review, the EEOC has discretion to redact the information designated by the employer as confidential before releasing the position statement to the Charging Party.

Given the short amount of time often provided to respond to a Charge, and the type of information generally presented to support the position statement—e.g., employment information of non-parties and proprietary, competitive corporate information—employers should familiarize themselves with the EEOC’s new procedures for releasing employer position statements so that they are prepared to properly present and protect confidential information.