We previously covered the EEOC Preliminary Case Information (PCI) Order on this site. As stated earlier, the PCI form appeared a significant departure from previous discovery and acknowledgement order processes, authorized via an EEOC Acknowledgement Order, that seemingly intended to significantly limit discovery. However, it appears the EEOC discontinued use of the PCI form as of January 10, 2024, as indicated by the screen shot below of an acknowledgment order recently received by a client dated February 7, 2024.
New acknowledgment order’s being received by our clients appear to support this trend, although we would not yet state it is a full and complete nationwide transition by the EEOC. Neither was the implementation of the PCI method an immediate nationwide transition (it started as a long pilot project). Though the EEOC discontinued use of the PCI form, these new acknowledgment orders appear very instructive and provide the following guidance concerning discovery (screen shot below).
Note that the instructions do not authorize discovery until after the initial conference and subsequent authorization by the administrative judge to engage in discovery. The discovery instructions appear to maintain the same objective of prior efforts by the EEOC PCI to continue tight control of discovery by the Administrative Judge. Historically, one of the most contentious, laborious, and delayed aspects of the EEOC hearing process has been discovery.
Regardless of whether the EEOC discontinued use of PCI form, Complainant’s are well advised to always read orders and instructions from the EEOC fully and ensure they comprehend all instructions. There have been many cases in which Complainant’s delay reading this material, or fail to fully comprehend the instructions. This may easily result in a fatal procedural outcome that is unrecoverable. If you are unsure of what to do concerning these types of orders, it is critical you seek appropriate assistance as early as possible.
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