When Case New Holland Inc. and its subsidiary, CNH America LLC, became the subjects of an investigation by the U.S. Equal Employment Opportunity Commission (EEOC) for alleged age discrimination in Employment Act violations, they never expected the EEOC to take employee information provided as part of the investigation and contact every employee of their company, soliciting potential class members. But that is precisely what the EEOC did.
In response to an information request by the EEOC, CNH voluntarily provided the agency with materials and documents, amassing more than 600 megabytes of digital information and including more than 1,300 employee e-mail addresses. Armed with hundreds of potential complainants and witnesses, the EEOC blasted out e-mails to CNH’s employees, seeking assistance from them in the “official investigation” of CNH’s alleged discriminatory conduct, all without first notifying CNH. The e-mails even reached managers and supervisors, and also included a link to an online questionnaire drafted by EEOC investigators.