Bowaters Southern Paper Corp. v. Equal Employ. Op. Com'n, 19824.
| Decision Date | 11 June 1970 |
| Docket Number | No. 19824.,19824. |
| Citation | 428 F.2d 799 |
| Parties | BOWATERS SOUTHERN PAPER CORPORATION, Petitioner-Appellee, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Respondent-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
David W. Zugschwerdt, Attorney, Equal Employment Opportunity Comm., Washington, D. C., Russell Specter, Acting Gen. Counsel, Washington, D. C., on the brief, for appellant.
James Smith, Atlanta, Ga., and John T. Henniss, Chattanooga, Tenn., Constangy & Prowell, Atlanta, Ga., Witt, Gaither, Abernathy & Wilson, Chattanooga, Tenn., on the brief, for appellee.
Before CELEBREZZE and BROOKS, Circuit Judges, and McALLISTER, Senior Circuit Judge.
In proceedings under the Civil Rights Act of 1964, appellant Commission filed a motion for enforcement of its Demand for Access to Evidence from appellee company's records regarding various matters with respect to its employees, and its employment practices. The Demand was made pursuant to Section 710 of the Civil Rights Act of 1964, 42 U.S. C.A. Section 2000e-9. The District Court denied appellant Commission's motion on the ground that the charge on which the Demand was founded did not state the facts on which the charge was based, as specifically required by the Act, 304 F.Supp. 33.
On this appeal, it appears that the Commissioner, as the designated representative of appellant Commission, in his charge stated:
The Commissioner followed this charge by the following statement:
The only issue is whether the Commissioner, after making the above-mentioned charge stated the facts on which that charge was based. Appellant Commission says that the Commissioner did state the facts on which the charge was based; the appellee company says that he did not.
It is conceded that the Commissioner need not set forth the names of employees who have allegedly suffered discrimination, nor is the Commissioner obliged to reveal his sources of information, which might deter individuals from making complaints for fear of retaliation.
It is our view that, after...
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