Statement to EEOC admissible on plaintiff’s credibility
In Weyers v. Lear Operations Corp., No. 02-3732 (8th Cir. 2/24/04), an age discrimination case, the Eighth Circuit held that was prejudicial error to preclude the employer from impeaching the plaintiff with her prior sworn statements to the EEOC. Inconsistencies between these statements and her trial testimony were directly relevant to her credibility.
Two points:
First, if you are litigating a discrimination case, obtain the agency file.
Often it is not very interesting, but not infrequently it contains this type of useful material. If there are significant inconsistencies, and they’re brought out in deposition, the case may never go to trial (with the employer winning on summary judgment or obtaining a favorable settlement).
Second, whichever side you are on, get the facts right at the agency investigation stage so that you can avoid such embarrassing and harmful inconsistencies when additional or different facts emerge later.
If you are an employer, this may mean hiring an attorney to respond to an EEOC charge, even though the agency’s finding will not be dispositive and therefore the agency process may seem unimportant.
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