[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1601.26]

[Page 163-164]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1601_PROCEDURAL REGULATIONS--Table of Contents
 
 Subpart B_Procedure for the Prevention of Unlawful Employment Practices
 
Sec. 1601.26  Confidentiality of endeavors.

    (a) Nothing that is said or done during and as part of the informal 
endeavors of the Commission to eliminate unlawful employment practices 
by informal methods of conference, conciliation, and persuasion may be 
made a matter of public information by the Commission, its officers or 
employees, or used as evidence in a subsequent proceeding without the 
written consent of the persons concerned. This provision does not apply 
to such disclosures to the representatives of Federal, State or local 
agencies as may be appropriate

[[Page 164]]

or necessary to the carrying out of the Commission's functions under 
title VII or the ADA: Provided, however, That the Commission may refuse 
to make disclosures to any such agency which does not maintain the 
confidentiality of such endeavors in accord with this section or in any 
circumstances where the disclosures will not serve the purposes of the 
effective enforcement of title VII or the ADA.
    (b) Factual information obtained by the Commission during such 
informal endeavors, if such information is otherwise obtainable by the 
Commission under section 709 of title VII, for disclosure purposes will 
be considered by the Commission as obtained during the investigatory 
process.

[42 FR 55388, Oct. 14, 1977, as amended at 56 FR 9625, Mar. 7, 1991]

          Procedure Concerning the Institution of Civil Actions