About the Missouri Department of Mental Health (MODMH) Employment Practices - #Michael Ayele (a.k.a) W

THE ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL) UNEQUIVOCALLY DENOUNCES DISCRIMINATION OF THE BASES OF GENDER, RACIAL BACKGROUND, SEXUAL ORIENTATION, NATIONAL ORIGIN, RELIGIOUS AFFILIATION AND/OR DISABILITY. Be well. Take care. Keep yourselves at arms distance. W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist

DMH Workforce Diversity Profile Oct‐21 Name of Department: Department of Mental Health Male 1502 Female 3752 Unknown 22 Unknown 49 % Female 5276 Total Number of Employees: 71.41% White 3379 Black 1645 Hispanic 66 Asian 98 Am. Indian P. Islander 7 Two or More 30 % Minority 2 35.35% Am. Indian 0% Two or More 1% Unknown 1% Male/Female Asian 2% 0% P. Islander 0% 29% Hispanic 1% 71% White 64% Black 31% Male Female Unknown Racial Breakdown Version: FY21

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 TTY: (202) 663-6056 FAX: (202) 663-7026 Website: www.eeoc.gov 12/20/2021 VIA: waacl13@gmail.com Michael Ayele (aka) W Association for the Advancement of Civil Liberties P.O. Box 20438 Addis Ababa, Ethiopia 10013 Re: FOIA No.: 820-2022-002911 Dear Mr. Ayele: Your request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, received by the Office of Legal Counsel on 12/20/2021, is assigned to the [X] Simple [ ] Complex [ ] Expedited track with the above FOIA number. Your request will be processed by Government Information Specialist Joanne Murray who can be reached at (202) 921-2541. [X]EEOC will make every effort to issue a determination on your request on or before 01/19/2022. FOIA and EEOC regulations provide 20 working days to issue a determination on a request, not including Saturdays, Sundays and federal holidays. In unusual circumstances, EEOC may extend the 20 working days by 10 additional working days or stop processing your request until you respond to our request for fee or clarifying information. Should EEOC take an extension or stop processing your request, notice will be issued prior to the expiration of the 20 working days. [X] the need to search for and collect the requested records, if any exist, from field offices or other establishments that are separate from this office; You may contact the FOIA Requester Service Center for status updates on your FOIA request or for FOIA information via toll free at (833) 827-2920, to our non-toll free number at (202) 921-2542, by e-mail to FOIA@eeoc.gov, by facsimile to (202) 653-6034, or by mail to our office address in the letterhead above. Additionally, if your request was filed online through the EEOC FOIA Web Portal, you may monitor its status at https://eeoc.arkcase.com/foia/portal/login. You may also contact the EEOC FOIA Public Liaison, Stephanie D. Garner, for assistance. Sincerely, Dister Battle for _____________________________ Stephanie D. Garner Assistant Legal Counsel foia@eeoc.gov Endnotes

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 TTY: (202) 663-6056 FAX: (202) 663-7026 Website: www.eeoc.gov 01/18/2022 VIA: waacl13@gmail.com Michael Ayele (aka) W Association for the Advancement of Civil Liberties P.O. Box 20438 Addis Ababa, ETHIOPIA, 10013 Re: FOIA No.: 820-2022-002911 Workshare agreement between EEOC and MCHR Dear Mr. Ayele (aka) W: This letter is in response to your request or appeal under the Freedom of Information Act (FOIA), received by our office on 12/20/2021. As provided in U.S.C. § 552(a)(6)(B) (2007), we hereby provide you with the required written notice that we are extending by ten (10) working days the time in which we shall respond. Such extension is necessary because of the following “unusual circumstances”: [X] (i) the need to search for and collect the requested records, if any exist, from field offices or other establishments that are separate from this office. [X] If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, you may contact Joanne Murray, the FOIA Professional handling your request, at (202) 921-2541. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; email at ogis@nara.gov; telephone at (202) 741-5770; toll free (877) 684-6448; or facsimile at (202) 741-5769. We will make every attempt to respond to your request by 02/02/2022. Sincerely, / Joanne Murray / for _____________________________ Michael L. Heise Acting Assistant Legal Counsel foia@eeoc.gov

820-2022-002911 Endnotes

131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 ASL: (844) 234-5122 FAX: (202) 827-7545 Website: www.eeoc.gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel February 3, 2022 VIA: waacl13@gmail.com Michael Ayele (aka) W ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES P.O. Box 20438 Addis Ababa, ETHIOPIA 10013 Re: FOIA No.: 820-2022-002911 Information with regards to DMH and MCHR Dear Mr. Ayele (aka) W: Your Freedom of Information Act (FOIA) request, received on 12/19/2021, is processed. The initial due date was extended by 10-business days per our correspondence dated 01/18/2022. Our search began on 1/19/2022. All agency records in creation as of 12/20/2021 are within the scope of EEOC’s search for responsive records. The paragraph(s) checked below apply. [X] Portions of your request are as follows: [X] Granted. [X] Denied pursuant to the subsections of the FOIA indicated at the end of this letter. An attachment to this letter explains the use of these exemptions in more detail; and [X] Procedurally denied as no records fitting the description of the records you seek disclosed exist or could be located after a thorough search. See the Comments page for further explanation. [X] The disclosed records, 7 pages in total, are available via EEOC’s FOIA Web Portal. See the following link: https://eeoc.arkcase.com/foia/portal/login.. No fee is charged because the cost of collecting and processing the chargeable fee equals or exceeds the amount of the fee. 29 C.F.R. § 1610.15(d). [X] I trust that the furnished information fully satisfies your request. If you need any further assistance or would like to discuss any aspect of your request, please do not hesitate to contact the FOIA Professional who processed your request or our FOIA Public Liaison (see contact information in above letterhead or under signature line). [X] You may contact the Acting EEOC FOIA Public Liaison Michael L. Heise for further assistance or to discuss any aspect of your request. In addition, you may contact the Office of Government Information Services (OGIS) to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740- 6001, email at ogis@nara.gov; telephone at (202) 741-5770; toll free 1-877-684-6448; or facsimile at (202) 741-5769.

820-2022-002911 The contact information for the FOIA Public Liaison is as follows: Michael L. Heise, EEOC FOIA Public Liaison, Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M. Street, N.E., Fifth Floor, Washington, D.C. 20507, email to FOIA@eeoc.gov, telephone at (202) 921-2542; or fax at (202) 827-7545. If you are not satisfied with the response to this request, you may administratively appeal in writing. Your appeal must be postmarked or electronically transmitted in 90 days from receipt of this letter to the Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M Street, NE, 5NW02E, Washington, D.C. 20507, email to FOIA@eeoc.gov; online at https://eeoc.arkcase.com/foia/portal/login, or fax at (202) 827-7545. Your appeal will be governed by 29 C.F.R. § 1610.11. [X] Sincerely, Michael L. Heise Assistant Legal Counsel (Acting) foia@eeoc.gov Applicable Sections of the Freedom of Information Act, 5 U.S.C. § 552(b): Exemption(s) Used: [X] (3)(A)(i) [X] Section 706(b) of Title VII [X] Section 709(e) of Title VII [X] Section 107 of the ADA [X] Section 207 of the GINA Exemption 3 to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(3)(A)(i) (2016), as amended by the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, states that disclosure is not required for a matter specifically exempted from disclosure by statute if that statute: (A)(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue[.] Sections 706(b) and 709(e) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-5(b), 2000e- 8(e)(2006), are part of such a statute. Section 706(b) provides that: Charges shall not be made public by the Commission . . . . Nothing said or done during and as a part of [the Commission's informal endeavors at resolving charges of discrimination] may be made public . . . . Section 709(e) of Title VII provides: It shall be unlawful for any officer of the Commission to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section [to investigate charges of discrimination and to require employers to maintain and submit records] prior to the institution of any proceeding under this title involving such information. [X] (7)(C) 2 | P a g e

820-2022-002911 Section 107 of the Americans with Disabilities Act (ADA) and § 207 of the Genetic Information Nondiscrimination Act (GINA) adopt the procedures of Sections 706 and 709 of Title VII. See EEOC v. Associated Dry Goods Co., 449 U.S. 590 (1981); Frito-Lay v. EEOC, 964 F. Supp. 236, 239-43 (W.D. Ky. 1997); American Centennial Insurance Co. v. EEOC, 722 F. Supp. 180 (D.N.J. 1989); and EEOC v. City of Milwaukee, 54 F. Supp. 2d 885, 893 (E.D. Wis. 1999). INFORMATION WITHHELD PURSUANT TO THE THIRD EXEMPTION TO THE FOIA: EEOC can neither confirm nor deny the existence, or non-existence, of any Title VII, ADA, and/or GINA, charges filed by an individual against an entity to which you are not, or do not represent, a party to the charge. Exemption (b)(7)(C) to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(7)(C), as amended by the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, authorizes the Commission to withhold: records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information . . . (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy . . . . The seventh exemption applies to civil and criminal investigations conducted by regulatory agencies. Abraham & Rose, P.L.C. v. United States, 138 F.3d 1075, 1083 (6th Cir. 1998). Release of statements and identities of witnesses and subjects of an investigation creates the potential for witness intimidation that could deter their cooperation. National Labor Relations Board v. Robbins Tire and Rubber Co., 437 U.S. 214, 239 (1978); Manna v. United States Dep’t. of Justice, 51 F.3d 1158,1164 (3d Cir. 1995). Disclosure of identities of employee-witnesses could cause "problems at their jobs and with their livelihoods." L&C Marine Transport, Ltd. v. United States, 740 F.2d 919, 923 (11th Cir. 1984). The Supreme Court has explained that only "[o]fficial information that sheds light on an agency's performance of its statutory duties" merits disclosure under FOIA, and noted that "disclosure of information about private citizens that is accumulated in various governmental files" would "reveal little or nothing about an agency's own conduct." United States Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 773 (1989). For the purposes of determining what constitutes an unwarranted invasion of personal privacy under exemption (b)(7)(C), the term “personal privacy” only encompasses individuals, and does not extend to the privacy interests of corporations. FCC v. AT&T Inc., 131 S.Ct. 1177, 1178 (2011). INFORMATION WITHHELD PURSUANT TO THE SEVENTH EXEMPTION TO THE FOIA: EEOC cannot grant access to ADEA or EPA charges, filed by an individual against an entity, in order to prevent an unwarranted invasion of personal privacy by a third party. COMMENTS This office’s response to your request is as follows: (1) Your request for “formal and informal ties existing between the DMH, the Missouri Commission on Human Rights (MCHR), the EEOC, the Department of Health and Human Services (HHS) Centers for Medicaid & Medicare Services (CMS), and the Joint Commission,” is granted. Charges filed with a Fair Employment Practices Agency (FEPA), such as MCHR, that has a worksharing agreement with the EEOC, and the allegation(s) are covered by a law enforced by the EEOC, the FEPA will dual file the charge with EEOC. If a charge is filed with EEOC, and the charge is covered by state or local law, EEOC dual files the charge with the state or local FEPA. See the following link: https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing. The EEOC enforces federal laws prohibiting employment discrimination, by an employer; such as a state or local government, against a job applicant or an employee. The requested information is 3 | P a g e

820-2022-002911 already https://www.eeoc.gov/employers. The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. The requested information is already available online, via EEOC’s public website. See the following link: https://www.eeoc.gov/federal- sector. Your request for “the paper copies of complaints filed with the EEOC/MCHR, which led to the DMH engaging in mediation sessions,” is denied pursuant to the third and seventh exemptions to the FOIA. 5 U.S.C. §§ 552(b)(3)(A)(i) and (b)(7)(C). available online, via EEOC’s public website. See the following link: (2) The confidentiality provisions of Title VII of the Civil Rights Act, the ADA, and GINA prohibit the EEOC from confirming or denying the existence, or nonexistence, of a charge brought by an individual to a third party of the charge. The third exemption to the FOIA exempts this information from disclosure. The seventh exemption to the FOIA permits the agency to withhold information compiled in investigative files where disclosure of such information could result in an unwarranted invasion of personal privacy. In this instance, we cannot grant access to, or copies of, any ADEA and EPA charges. 29 C.F.R. § 1610.17(g). (3) Your request for “the paper copies of complaints filed with the EEOC/MCHR, which led to the DMH not engaging in mediation sessions,” is denied pursuant to the third and seventh exemptions to the FOIA. 5 U.S.C. §§ 552(b)(3)(A)(i) and (b)(7)(C). See #2 above. (4) Your request for “the name(s), the academic background(s), and the professional responsibility(ies), of employee(s) legally representing the DMH in charges of employment discrimination dually filed with the EEOC and the MCHR” is procedurally denied. No records exist within the EEOC. (5) Your request for “[EEOC] communications in the form of e-mails and postal correspondence between the EEOC and the DMH legal representative in circumstances where current/former employees have filed a charge of employment discrimination pursuant to Title VII of the 1964 and 1991 Civil Rights Act” is denied pursuant to the third and seventh exemptions to the FOIA. 5 U.S.C. §§ 552(b)(3)(A)(i) and (b)(7)(C). See #2 above. (6) Your request for “documents outlining the obligations of the DMH to inform the HHS (CMS) and/or the Joint Commission about a charge of employment discrimination dually filed with the EEOC and the MCHR” is procedurally denied. No records exist within the EEOC. The records you seek, if any exist, would have originated with the following agency. This portion of your request should be sent directly to: CMS FOIA Office Service Center Email: FOIA_Request@cms.hhs.gov Telephone: (410) 786-5353 Fax: (443) 380-7260 The above FOIA information was found via CMS’s public website at the following link: https://www.cms.gov/Center/freedom-of-information-act-center.html. (7) Your request for “the outcomes of the charges of employment discrimination filed with the EEOC by current/former employees of the DMH” is denied pursuant to the third and seventh exemptions to the FOIA. 5 U.S.C. §§ 552(b)(3)(A)(i) and (b)(7)(C). See #2 above. 4 | P a g e

820-2022-002911 (8) Your request for “statistics outlining the number of people who continue to work for the DMH following [his/her] charge of employment discrimination filed with the EEOC and the MCHR” is procedurally denied. No records exist within the EEOC. (9) Your request for “the memorandum of agreement (MOA) and/or memorandum of understanding (MOU) concluded between the EEOC and the MCHR in the processing of employment discrimination charges filed pursuant to Title VII of the 1964 and 1991 Civil Rights Act” is granted. Please find the initial worksharing agreement, along with the extension, via EEOC’s FOIA Web Portal. This response was prepared by Joanne Murray, Government Information Specialist, who may be reached at (202) 921-2541. 5 | P a g e

FY 2022 EXTENSION OF WORK.SHARING AGREEMENT Inasmuch as there have been no substantive changes in the processes, procedures, statutes, policies or regulations that would adversely affect or substantially alter the work sharing arrangement between the St. Louis District Office and the Missouri Commission on Human Rights, or that would affect the processing of charges filed under the pertinent Federal, state or local statutes, the parties agree to extend the current work sharing agreement that was executed on October 2, 2019, through the FY 2022 Charge Resolution Contract Option Period, from October I, 2021 through September 30, 2022. The agencies agree to work together in furtherance of the provisions ofEEOC's current Strategic Plan when assessing the allocation of charges under this agreement and to cooperate in compliance and enforcement efforts as well as training, outreach and technical assistance efforts encompassed by the Plan. This agreement, as well as the tw~ Executive Director Missouri Commission on Human Rights attendant Worksharing Agreement may be reopened and amended by mutual consent of the parties. 10/27/21 ---- Date Lloyd J. Vasquez, Jr. District Director U.S. Equal Employment Opportunity Commission St. Louis District Office Date

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 TTY: (202) 663-6056 FAX: (202) 827-7545 Website: www.eeoc.gov 03/08/2022 VIA: waacl13@gmail.com Michael Ayele Association for the Advancement of Civil Liberties P.O. Box 20438 Addis Ababa, Ethiopia, 10013 Re: FOIA No.: 820-2022-005864 Dear Mr. Ayele: Your request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, received by the Office of Legal Counsel on 03/08/2022, is assigned to the [X] Simple [ ] Complex [ ] Expedited track with the above FOIA number. Your request will be processed by Government Information Specialist JoanneMurray who can be reached at (202) 921-2541. [X]EEOC will make every effort to issue a determination on your request on or before 04/04/2022. FOIA and EEOC regulations provide 20 working days to issue a determination on a request, not including Saturdays, Sundays and federal holidays. In unusual circumstances, EEOC may extend the 20 working days by 10 additional working days or stop processing your request until you respond to our request for fee or clarifying information. Should EEOC take an extension or stop processing your request, notice will be issued prior to the expiration of the 20 working days. You may contact the FOIA Requester Service Center for status updates on your FOIA request or for FOIA information via toll free at (833) 827-2920, to our non-toll free number at (202) 921-2542, by e-mail to FOIA@eeoc.gov, by facsimile to (202) 653-6034, or by mail to our office address in the letterhead above. Additionally, if your request was filed online through the EEOC FOIA Web Portal, you may monitor its status at https://eeoc.arkcase.com/foia/portal/login. You may also contact the Acting EEOC FOIA Public Liaison, Michael L. Heise, for assistance. Sincerely, Dister Battle for _____________________________ Michael L. Heise Acting Assistant Legal Counsel foia@eeoc.gov Endnotes

131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 ASL: (844) 234-5122 FAX: (202) 827-7545 Website: www.eeoc.gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 04/01/2022 VIA: waacl13@gmail.com Michael Ayele (aka) W Association for the Advancement of Civil Liberties P.O. Box 20438 Addis Ababa, ETHIOPIA 10013 Re: FOIA No.: 820-2022-005864 Policies on relationships and conflict of interest in the workplace Information for career advancement, training, and education Dear Mr. Ayele (aka) W: This letter is in response to your request or appeal under the Freedom of Information Act (FOIA), received by our office on 03/08/2022. As provided in U.S.C. § 552(a)(6)(B) (2007), we hereby provide you with the required written notice that we are extending by ten (10) working days the time in which we shall respond. Such extension is necessary because of the following “unusual circumstances”: [X] (i) the need to search for and collect the requested records, if any exist, from field offices or other establishments that are separate from this office. [X] If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, you may contact Joanne Murray, the FOIA Professional handling your request, at (202) 921-2541. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; email at ogis@nara.gov; telephone at (202) 741-5770; toll free (877) 684- 6448; or facsimile at (202) 741-5769. We will make every attempt to respond to your request by 04/18/2022. Sincerely, / Joanne Murray / for _____________________________ Michael L. Heise Acting Assistant Legal Counsel foia@eeoc.gov

131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (877) 869-1802 ASL: (844) 234-5122 FAX: (202) 827-7545 Website: www.eeoc.gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel April 26, 2022 VIA: waacl13@gmail.com Mr. Michael Ayele (aka) W Association for the Advancement of Civil Liberties P.O. Box 20438 Addis Ababa, ETHIOPIA 10013 Re: EEOC FOIA No.: 820-2022-005864 Documents outlining opportunities for career advancement Dear Mr. Ayele (aka) W: This letter notifies you that additional information is needed from you to complete the processing your Freedom of Information Act (FOIA) request, received in this office on 03/08/2022. Request item enumerated below states the following: “[40] The documents outlining the opportunities offered to employees of your city/county/state/federal government to grow and earn a promotion within your organizational unit.” Your request identified above is not reasonably described. The request is too broad for this Agency to conduct a reasonable search for records responsive. At this time, our office is requesting the following additional clarifying information in order to search for records responsive to item #40: i. Provide the name of each of the office(s) or division(s) within the Commission, if known; ii. Provide position titles, or a description for each position, to align with your request; and iii. Confirm the information sought will contain only the most recent opportunities offered in each position. The 20 working days provided in the FOIA to respond to your request stop from the date of this letter until the date this office receives your written response. 5 U.S.C. § 552(6)(A)(ii)(I-II) and 29 C.F.R. § 1610.9(g). To resume processing your request as quickly as possible, you will need to submit a written response to our request for information or clarification within ten (10) business days of your receipt of this letter. When EEOC receives your response processing of your request will resume. Please direct your written response to my attention at the address provided above or via email at FOIA@eeoc.gov. Failure to respond to this office may result in an administrative withdrawal of item #40 of your request. Thank you for your attention to our above request.

820-2022-005864 Sincerely, / Joanne Murray / for __________________________ Michael L. Heise Acting Assistant Legal Counsel foia@eeoc.gov

131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 ASL: (844) 234-5122 FAX: (202) 827-7545 Website: www.eeoc.gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel May 9, 2022 VIA: waacl13@gmail.com Michael Ayele (aka) W ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES P.O. Box 20438 Addis Ababa, ETHIOPIA, 10013 Re: FOIA No.: 820-2022-005864  Policies on relationships and conflict of interest in the workplace  Information for career advancement, training, and education Dear Mr. Ayele (aka) W: Your Freedom of Information Act (FOIA) request, received on 03/08/2022, is processed. Our search began on 03/18/2022. The initial due date was extended by 10-business days per our letter of acknowledgment dated 04/01/2022. All agency records in creation as of 03/08/2022 are within the scope of EEOC’s search for responsive records. The paragraph(s) checked below apply. [X] Portions of your request are as follows: [X] Granted; [X] Denied pursuant to the subsection(s) of the FOIA indicated at the end of this letter. An attachment to this letter explains the use of these exemptions in more detail; and [X] Procedurally denied as [X] no records fitting the description of the records you seek disclosed exist or could be located after a thorough search and [X] your request is not reasonably described. See comments below for further explanation. [X] The disclosed record, 1 document, totaling 4 pages, is available via EEOC’s FOIA Web Portal. See the following link: https://eeoc.arkcase.com/foia/portal/login. No fee is charged because the cost of collecting and processing the chargeable fee equals or exceeds the amount of the fee. 29 C.F.R. § 1610.15(d). [X] I trust that the furnished information fully satisfies your request. If you need any further assistance or would like to discuss any aspect of your request, please do not hesitate to contact the FOIA Professional who processed your request or our FOIA Public Liaison (see contact information in above letterhead or under signature line). [X] You may contact the Acting EEOC FOIA Public Liaison Michael L. Heise for further assistance or to discuss any aspect of your request. In addition, you may contact the Office of Government Information Services (OGIS) to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740- 6001, email at ogis@nara.gov; telephone at (202) 741-5770; toll free 1-877-684-6448; or facsimile at (202) 741-5769.

820-2022-005864 The contact information for the FOIA Public Liaison is as follows: Michael L. Heise, EEOC FOIA Public Liaison, Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M. Street, N.E., Fifth Floor, Washington, D.C. 20507, email to FOIA@eeoc.gov, telephone at (202) 921-2542; or fax at (202) 827-7545. If you are not satisfied with the response to this request, you may administratively appeal in writing. Your appeal must be postmarked or electronically transmitted in 90 days from receipt of this letter to the Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M Street, NE, 5NW02E, Washington, D.C. 20507, email to FOIA@eeoc.gov; online at https://eeoc.arkcase.com/foia/portal/login, or fax at (202) 827-7545. Your appeal will be governed by 29 C.F.R. § 1610.11. [X] Sincerely, Michael L. Heise Assistant Legal Counsel (Acting) foia@eeoc.gov Applicable Sections of the Freedom of Information Act, 5 U.S.C. § 552(b): Exemption(s) Used: [X] (b)(3)(A)(i) [X] § 706(b) [X] § 709(e) [X] § 107 of the ADA [X] § 207 of the GINA (b)(3)(A)(i) Exemption 3 to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(3)(A)(i) (2016), as amended by the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, states that disclosure is not required for a matter specifically exempted from disclosure by statute if that statute: (A)(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue[.] Sections 706(b) and 709(e) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-5(b), 2000e- 8(e)(2006), are part of such a statute. Section 706(b) provides that: Charges shall not be made public by the Commission . . . . Nothing said or done during and as a part of [the Commission's informal endeavors at resolving charges of discrimination] may be made public . . . . Section 709(e) of Title VII provides: It shall be unlawful for any officer of the Commission to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section [to investigate charges of discrimination and to require employers to maintain and submit records] prior to the institution of any proceeding under this title involving such information. [X] (b)(7)(C)

820-2022-005864 Section 107 of the Americans with Disabilities Act (ADA) and § 207 of the Genetic Information Nondiscrimination Act (GINA) adopt the procedures of Sections 706 and 709 of Title VII. See EEOC v. Associated Dry Goods Co., 449 U.S. 590 (1981); Frito-Lay v. EEOC, 964 F. Supp. 236, 239-43 (W.D. Ky. 1997); American Centennial Insurance Co. v. EEOC, 722 F. Supp. 180 (D.N.J. 1989); and EEOC v. City of Milwaukee, 54 F. Supp. 2d 885, 893 (E.D. Wis. 1999). INFORMATION WITHHELD PURSUANT TO THE THIRD EXEMPTION TO THE FOIA:  Access to investigative files, to include correspondence, in which the issuance of your right to sue has long since expired; Charge Nos. 28E-2014-00485 and 28E-2014-01070. (b)(7)(C) Exemption (b)(7)(C) to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(7)(C), as amended by the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, authorizes the Commission to withhold: records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information . . . (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy . . . . The seventh exemption applies to civil and criminal investigations conducted by regulatory agencies. Abraham & Rose, P.L.C. v. United States, 138 F.3d 1075, 1083 (6th Cir. 1998). Release of statements and identities of witnesses and subjects of an investigation creates the potential for witness intimidation that could deter their cooperation. National Labor Relations Board v. Robbins Tire and Rubber Co., 437 U.S. 214, 239 (1978); Manna v. United States Dep’t. of Justice, 51 F.3d 1158,1164 (3d Cir. 1995). Disclosure of identities of employee-witnesses could cause "problems at their jobs and with their livelihoods." L&C Marine Transport, Ltd. v. United States, 740 F.2d 919, 923 (11th Cir. 1984). The Supreme Court has explained that only "[o]fficial information that sheds light on an agency's performance of its statutory duties" merits disclosure under FOIA, and noted that "disclosure of information about private citizens that is accumulated in various governmental files" would "reveal little or nothing about an agency's own conduct." United States Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 773 (1989). For the purposes of determining what constitutes an unwarranted invasion of personal privacy under exemption (b)(7)(C), the term “personal privacy” only encompasses individuals, and does not extend to the privacy interests of corporations. FCC v. AT&T Inc., 131 S.Ct. 1177, 1178 (2011). INFORMATION WITHHELD PURSUANT TO EXEMPTION (7)(C) TO THE FOIA:  Access to workplace discrimination complaints filed by federal employees, against the IRS, is denied. COMMENTS This office’s response to your request is as follows: (1) Your request for “formal and informal ties that exist between the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), the Government Accountability Office (GAO), the Internal Revenue Service (IRS), and the Treasury Inspector General for Tax Administration (TIGTA),” is granted. The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. The requested information is already available online, via EEOC’s public website. See the following link: https://www.eeoc.gov/federal- sector.

820-2022-005864 (2) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the GAO to note in their 2003 report that section 1203 of the IRS Restructuring and Reform Act of 1998 outlines conditions for firing IRS employees” is procedurally denied. No records exist within the EEOC. (3) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the GAO to note in their 2003 report that 3,970 (three thousand nine hundred and seventy complaints) were filed pursuant to section 1203 against employees of the IRS between July 1998 and September 2002” is procedurally denied. No records exist within the EEOC. (4) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the GAO to note in their 2003 report that 419 (four hundred and nineteen) complaints, which were filed pursuant to section 1203 were substantiated as violations between July 1998 and September 2002,” is procedurally denied. No records exist within the EEOC. (5) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the GAO to note in their 2003 report that 71 (seventy-one) IRS employees were fired from their jobs for violating section 1203” is procedurally denied. No records exist within the EEOC. (6) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the GAO to note in their 2003 report that IRS and TIGTA have taken steps intended to correct known problems in their processing of section 1203 employee misconduct cases – such as lengthy investigations and conflicts of interest during investigations” is procedurally denied. No records exist within the EEOC. (7) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the GAO to note in their 2003 report that both IRS and the TIGTA have responsibilities related to section 1203” is procedurally denied. No records exist within the EEOC. (8) Your request for “the documents outlining the responsibilities of the IRS and the TIGTA pursuant to section 1203” is procedurally denied. No records exist within the EEOC. (9) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the documents outlining the actions taken by the IRS and the TIGTA to correct known problems in the processing of section 1203 employee misconduct cases – such as lengthy investigations and conflicts of interest during investigations” is procedurally denied. No records exist within the EEOC. (10) Your request for “the number of complaints filed against employees of the IRS pursuant to Section 1203, between October 1, 2002, and March 1, 2022,” is procedurally denied. No records exist within the EEOC. (11) Your request for “the number of complaints, which ended up being substantiated as violations of Section 1203, between October 1, 2002, and March 1, 2022,” is procedurally denied. No records exist within the EEOC. (12) Your request for “the number of IRS employees, who ended up losing their positions of employment for violating Section 1203, between October 1, 2002, and March 1, 2022,” is procedurally denied. No records exist within the EEOC. (13) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about whether employees of the IRS have the right to contact the EEOC or an agency official responsible for the administration of equal employment opportunity (EEO) program when under investigation pursuant to section 1203” is procedurally denied. No records exist within the EEOC. (14) Your request for “the names, the academic backgrounds, the professional responsibilities, and annual salaries, of IRS employees, who have opted to contact the EEOC and/or an agency official

820-2022-005864 responsible for the administration of EEO programs upon learning credible information that they are under investigation pursuant to section 1203” is procedurally denied. No records exist within the EEOC. (15) Your request for “the documents outlining the outcome of a Section 1203 investigation when an IRS employee opted to contact the EEOC and/or an agency official responsible for the administration of EEO program within the IRS” is denied pursuant to the seventh exemption to the FOIA. 5 U.S.C. § 552(b)(7)(C). The seventh exemption to the FOIA permits the agency to withhold information compiled in investigative files where disclosure of such information could result in an unwarranted invasion of personal privacy. In this instance, we cannot grant access to, or copies of, federal sector complaints, if any exist, for which you are not a party to the complaint(s). 29 C.F.R. § 1610.17. (16) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the GAO 2003 report recommending for IRS and TIGTA to develop (i) results-oriented goals for processing section 1203 cases, (ii) performance measures that are balanced and can be used to assess progress towards those goals, and (iii) methods for collecting and analyzing performance data related to the goals and measures” is procedurally denied. No records exist within the EEOC. (17) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the Acting Commissioner of the Internal Revenue to agree with the recommendations of the GAO March 2003 report” is procedurally denied. No records exist within the EEOC. (18) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the Acting Inspector General for Tax Administration to neither agree or disagree with the GAO 2003 recommendations” is procedurally denied. No records exist within the EEOC. (19) Your request for “the academic backgrounds, the professional responsibilities, and annual salaries, of James R. White, Kevin Dooley, Evan Gilman, Patty Hsieh, Shirley Jones, Stuart Kaufman, Anne Laffoon, MacDonald Phillips, Kristen Plungas, Brenda Rabinowitz, Anne Rhodes-Kline, Andrea Rogers, Wendy Turenne, Chris Wetzel, Bob Wenzel, and Pamela J. Gardner, at the time of their employment with the GAO, the IRS, and the TIGTA,” is procedurally denied. No records exist within the EEOC. (20) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the DOJ (OIG) March 2022 report advising FBI Director Christopher Wray of their concerns in the manner the FBI delegates the responsibility for Internal Affairs Investigation (IAI) of FBI employees who have professional relationships or friendships with the subject or witness of the IAI” is procedurally denied. No records exist within the EEOC. (21) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the FBI policy, which requires for FBI Supervisory Special Agents (SSA) to participate in certain mandatory and elective ‘Development Experiences (DE)’ before they may be promoted to Assistant Special Agent (ASA) in Charge” is procedurally denied. No records exist within the EEOC. (22) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about IAI as a required DE to be promoted from SSA to ASA within the FBI” is procedurally denied. No records exist within the EEOC. (23) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Full Field Office Inspections (FOI) as a required DE to be promoted from SSA to ASA within the FBI” is procedurally denied. No records exist within the EEOC. (24) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the FBI ongoing practice of (i) not assigning SSAs to FOIs of the field offices or divisions in which

820-2022-005864 they are currently employed; and (ii) requiring SSAs to attest that they have not been employed in the division or field office that is the subject of FOI during the three years before being assigned to FOI, to avoid potential conflicts of interest” is procedurally denied. No records exist within the EEOC. (25) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the FBI as a federal agency which does not observe similar practices for IAI as it does for FOI” is procedurally denied. No records exist within the EEOC. (26) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the circumstances which led to the OIG making public their March 2022 report” is procedurally denied. No records exist within the EEOC. (27) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the DOJ-OIG to note that the Standards of Ethical Conduct for Employees of the Executive Branch (Standards of Conduct) located at 5 C.F.R. Part 2635 contain a section addressing impartiality and related appearance issues” is procedurally denied. No records exist within the EEOC. (28) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the DOJ-OIG to note that Section 502 states than an employee should not participate in a particular matter involving specific parties without authorization where the employee knows that the matter is ‘likely to have a direct and predictable effect on the financial interest of a member of his household or knows that a person with whom the employee has a covered relationship (such as a relative or a person with whom the employee is seeking a business, contractual, or other financial relationship) is or represents a party to such matter and where the employee determines that the circumstances would cause a reasonable person with knowledge of the relevant facts to question his impartiality” is procedurally denied. No records exist within the EEOC. (29) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the DOJ-OIG to note in their March 2022 report that “an employee who is concerned that circumstances other than those specifically described in Section 502 would raise a question regarding his impartiality should use the process described in this section to determine whether he should or should not participate in a particular matter” is procedurally denied. No records exist within the EEOC. (30) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a former employee of the Missouri Department of Mental Health (DMH), who has on October 1, 2021 contacted his former employers to express several concerns about conflicting interests that exist within his previous place of employment” is procedurally denied. No records exist within the EEOC. (31) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the DMH as a state agency, which has in response to Michael A. Ayele (a.k.a.) W specific concerns disclosed their policies about marriage in the Fulton State Hospital (FSH) Sexual Offender Rehabilitation and Treatment Services (SORTS) center” is procedurally denied. No records exist within the EEOC. (32) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the DMH as a state agency which makes the final decision as to whether patients/prisoners in SORTS get to be married or not” is procedurally denied. No records exist within the EEOC. (33) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the DMH as a state agency which prohibits for patients/prisoners of SORTS to marry one another” is procedurally denied. No records exist within the EEOC.

820-2022-005864 (34) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the DMH as a state agency which does not in clear and unequivocal terms prohibit marriage between staff and patients/prisoners” is procedurally denied. No records exist within the EEOC. (35) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the DMH as a state agency which has conflicting policies on (i) marriages between staff and patients/prisoners as well as (ii) marriages between patients/prisoners among themselves” is procedurally denied. No records exist within the EEOC. (36) Your request for “the policies adopted by [EEOC] on romantic relationships and conflict of interest at the workplace” is granted. Please find EEOC Directive 530.006 entitled EMPLOYMENT OF RELATIVES, totaling 4 pages, via EEOC’s FOIA Web Portal. (37) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about studies which have indicated that 30% of married couples have met their spouse in academic/work setting” is procedurally denied. No records exist within the EEOC. (38) Your request for “the accounting firm or other online service recommended by your office for employees to file their tax returns” is procedurally denied. No records exist within the EEOC. (39) Your request for “the complaints filed by employees of your office against the IRS pursuant to Section 1203” is procedurally denied. No records exist within the EEOC. (40) Your request for “the documents outlining the opportunities offered to employees of your city/county/state/federal government to grow and earn a promotion within your organizational unit” is procedurally denied as it is not reasonably described. On 04/26/2022 Joanne Murray, a member of my Team, sent you a letter explaining this office’s need for further clarification to the above request. Your 05/02/2022 response to that letter did not address those deficiencies in your request. (41) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who came to the United States of America (U.S.A.) in December 2009 for the purpose of pursuing his undergraduate degree” is procedurally denied. No records exist within the EEOC. (42) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who has on and off lived in the States of California, Missouri, Maryland, and the District of Columbia, between December 2009 and July 2016” is: (i) Procedurally denied. No records exist within the EEOC; and/or (ii) Denied pursuant to the third exemption to the FOIA. 5 U.S.C. § 552(b)(3)(A)(i). The confidentiality provisions of Title VII of the Civil Rights Act, the ADA, and GINA prohibit the EEOC from granting access to, or copies of, a charge brought by an individual to a third party of the charge. The third exemption to the FOIA exempts this information from disclosure. (43) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who has previously been to the States of New York, Tennessee, and Ohio, between December 2009 and July 2016” is: (i) Procedurally denied. No records exist within the EEOC; and/or (ii) Denied pursuant to the third exemption to the FOIA. 5 U.S.C. § 552(b)(3)(A)(i). See item #42 above.

820-2022-005864 (44) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who has held numerous jobs between December 2009 and July 2016 when living in the U.S.A.” is: (i) Procedurally denied. No records exist within the EEOC; and/or (ii) Denied pursuant to the third exemption to the FOIA. 5 U.S.C. § 552(b)(3)(A)(i). See item #42 above. (45) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who has previously filed tax returns with the IRS” is procedurally denied. No records exist within the EEOC. (46) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the tax returns filed by Michael A. Ayele, (a.k.a.) W, between January 1, 2011, and December 31, 2014,” is procedurally denied. No records exist within the EEOC. (47) Your request for “the documents outlining the obligations of the IRS and TIGTA to preserve as a matter of record the tax return filed by people living and working within the borders of the U.S.A.” is procedurally denied. No records exist within the EEOC. (48) Your request for “the tax returns filed by Michael A. Ayele, (a.k.a.) W, between January 1, 2011, and December 31, 2014,” is procedurally denied. No records exist within the EEOC. (49) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man who has always filed single on his tax-returns” is procedurally denied. No records exist within the EEOC. (50) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who has never been married” is procedurally denied. No records exist within the EEOC. (51) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who has never had children and claimed dependents on his tax return filings with the IRS for the purpose of getting deductions and/or other benefits” is procedurally denied. No records exist within the EEOC. (52) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the publicized success of the Child Tax Credit (CTC) in reducing poverty within the borders of the U.S.A.” is procedurally denied. No records exist within the EEOC. (53) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man who has achieved the primary goal he had set out when deciding to move to the U.S. for the purpose of obtaining a Bachelor of Arts (B.A.) Degree” is procedurally denied. No records exist within the EEOC. (54) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who has earned a B.A. Degree from Westminster College on December 31, 2016,” is procedurally denied. No records exist within the EEOC. (55) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele, (a.k.a.) W, as a Black man, who had successfully completed the Economics and Political Science major he had declared with Westminster College in the month of May 2013” is procedurally denied. No records exist within the EEOC.

820-2022-005864 This response was prepared by Joanne Murray, Government Information Specialist, who may be reached by telephone to (202) 921-2541.