Can an EEOC investigative report be included as evidence in a trial?

Yes, an EEOC investigative report can often be included as evidence in a trial, particularly if the case progresses to litigation in a federal court. However, there are some important considerations and factors to keep in mind:

1. Relevance: The EEOC investigative report can be admitted as evidence if it is relevant to the issues in the trial. It should pertain to the allegations of employment discrimination or retaliation made in the complaint.
2. Authentication: To introduce the report as evidence, it must typically be authenticated, meaning that the party seeking to admit it as evidence must prove that the report is genuine and accurate. This is usually done through the testimony of the investigator or other relevant witnesses.
3. Hearsay Rule: Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. EEOC investigative reports often contain statements from witnesses and parties involved. In some cases, these statements may be considered hearsay and subject to exclusion unless they fall under a recognized exception.
4. Impeachment: Even if the EEOC report is admitted, the parties may still be able to challenge its findings and the credibility of the statements made in the report.
5. Confidential Information: The EEOC report may contain confidential information or statements that the parties wish to protect. Courts may order redactions or protective orders to limit the disclosure of sensitive information.
6. Expert Witnesses: Sometimes, the EEOC investigator may be called as an expert witness to testify about the report's findings and the investigative process.

It's essential to work closely with an attorney to understand the specific rules and procedures applicable to your case, as the admissibility of an EEOC investigative report can vary depending on the nature of the case, the court's rules, and other factors. If your case goes to trial, an attorney will help you navigate the process of introducing evidence, including the EEOC report, in a manner that supports your legal claims or defenses.

Contact attorney Ramon Martin of The Justice Law Firm, LLC today for a FREE consultation.