I (former employee) can not get a copy of employers Statement of position from EEOC ( 185 day of investigation, on August 29, 2011 the commission received my FOIA request by certified mail). Identical problem with Florida Agency for Workforce Innovation ,I can not get copy of the hearing transcript(sent FOIA request more than month ago) .
The rules are very specific for the EECO. They will will not provide any information until the investigation is complete. Then they will provide the information, if a copy of the Federal complaint is provided. As to AWI, you can make a sunshine law request directly to the agency. My advise is to contact an experienced civil rights attorney who can review your case and provide a legal opinion as to your options.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
Employment / Labor Attorney
Unless the investigation is complete in many cases the EEOC will not issue you the employers position statement. Even if complete, the EEOC in Miami is very slow in releasing the records, you need to know to whom you send the FOIA requests and to mark the outside of the envelope with FOIA. As to Agency for Workforce Innovation, they have certain forms on their website for you to complete and send to them, and they are typically pretty good in getting the information promptly to you. IF you want to learn more about your employee legal rights check our our employee rights blog www.takethisjobnshoveitblog.com or www.behrenlaw.com.