131 M Street, NE Do this well, and you could shorten the process and increase the likelihood that the EEOC will agree with your position. Matthew K. Fenton. Medical information about the Charging Party shall not be deemed sensitive or confidential medical information in relation to the investigation. Fortunately,I just discovered this EEOC resource on Effective Position Statements.And, since Ive buried the lede for long enough, here are nine EEOC tips to make your Position Statement shine: Also, if you have confidential documents, make sure that you check three boxes: If you have more questions about EEOC Position Statements, check out this resource. %PDF-1.5 Beware: A position statement lacking in detail may lead the EEOC to believe an employer is trying to hide something. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. LockA locked padlock What do Respondents need to do to comply with these new procedures? These new procedures make it more important than ever for employers to consult with employment law counsel in responding to EEOC Charges. Members can get help with HR questions via phone, chat or email. Youll [], The Great Resignation may have subsided, but it still carries a long-term impact. Supporting documentation should include the following: In many instances, an EEOC discrimination charge may eventually result in litigation. Therefore, you need to be careful to answer as fully and truthfully as possible, with information that will hold up all the way through litigation if that becomes necessary. 950 W. University Dr. Suite 300, Rochester, MI 48307. If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, as a Partner of a national law firm, FisherBroyles, LLP, Im here to help. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. The EEOC may also request partial submission of information compiled in relation to the charge. Responding to a charge of discrimination usually involves two components: preparation of an employer's "position statement;" and EEOC has implemented nationwide procedures that provide for the release of Respondent position statements and non-confidential attachments to a Charging Party or her representative upon request during the investigation of her charge of discrimination. A position statement that addresses all the allegations in the charge and provides relevant evidence to support the Respondent's position can help EEOC accelerate the investigation and tailor its requests for additional information. #I. Confidential commercial or financial information. Learn how integrated behavioral health rooted in primary care is key to supporting employees mental and physical well-being. <> Get access to 100's of HR resources in HRM INSIDER. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 How should the position statement and attachments be submitted? Although no requirement exists for legal representation, failing to address all necessary elements in your EEOC position statement may result in an unfavorable investigation of the claim. >q[T~Y9[G Identify official(s) who made decisions or took action relating to the matter(s) raised in the charge. Provide internal investigations of the alleged incidents. If granted, EEOC personnel will visit and evaluate your place of business. Again, remind them that they may be called to testify as to its factual accuracy. And, since the statement can be used in legal proceedings if the case goes to trial, good firms review the response thoroughly and verify the accuracy of every statement. Evidence of due diligence would include a partial submission of information related to the allegations in the charge. For example, if the EEOC statement simply says We deny discrimination. Two briefs may be filed during the appeals process: A brief or statement in support of the appeal. A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information. If you insist on doing it yourself, focus on the key points of what shows your case for discrimination exists and don't get caught in the trees. Subscribe to receive messages about the latest news, alerts and events. The EEO Rebuttal Statement #eeoc #discrimination Crayon Law Firm 969 subscribers Subscribe Like Share 5.5K views 2 years ago In #EEOC or #discrimination As previously mentioned, its important to include contact information for any witnesses and employees that are relevant to your case in your EEOC position statement. locations in Atlanta, Chattanooga, Nashville and Charlotte, our attorneys provide sound legal advice to The EEOC may decide whether to litigate the charge. I have seen that brief, story-based, EEOC position statements can actually work better than long, overly-legalistic, expensive position statements prepared by attorneys. What if Respondent needs additional time to submit its position statement? An effective position statement adheres to the suggestions provided by the EEOC. <> An employer shouldnt takerestraint inits position statement too far. Save my name, email, and website in this browser for the next time I comment. EEOC provides that the position statement should refer to, but not identify, confidential information. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Upon reviewing your EEOC position statement, the agency may provide you with a Request for Information (RFI). While this process can be lengthy, its not nearly as time-consumingor costlyas the legal exposure you may face if you dont put in the effort upfront. A qualified employment attorney understands what information is crucial to supporting your version of events and what information may be deemed superfluous or irrelevant. Medical information about the charging party will not be deemed confidential or sensitive. To request a consultation with an attorney click here. Running head: REBUTTAL TO RESPONDENTS POSITION STATEMENT, Rebuttal to Respondents Position Statement, REBUTTAL TO RESPONDENTS POSITION STATEMENT, The purpose of this report is to raise a rebuttal statement in response to the respondent's position, statement previously raised through the respondent's position statement. What type of information is "confidential" that should be put into separately labeled attachments? You will receive a link to create a new password via email. Download our free white paper to learn more! Members can get help with HR questions via phone, chat or email. No, the Charging Party's response will not be provided to Respondent during the investigation. Any reference to charges filed against the employer by other charging parties. } Q{HRaV8)@mp Seek the counsel of an employment attorney to prepare your EEOC position statement. This prevents any interruption of content access. Members may download one copy of our sample forms and templates for your personal use within your organization. Find your nearest EEOC office While the EEOC said it would release employers position statements to charging parties on request, charging parties responses will not be provided to employers, the agency noted. claims, which formed the basis of dismissal and termination of employment contract: That contrary to the provisions of the employment contract, I was absent, tardy or left work early, That the charging party deliberately ignored the supervisor's instructions and gained secured. 8/x),Q}) 8 &bm)E8J_\4J,)d0W/O:]u:tyTd:ahX,S2F-!\;] $('.container-footer').first().hide(); Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. <>/Metadata 386 0 R/ViewerPreferences 387 0 R>> Secure .gov websites use HTTPS SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. Please confirm that you want to proceed with deleting bookmark. $("span.current-site").html("SHRM MENA "); For Deaf/Hard of Hearing callers: Section II: The Charging Partys Employment History With Your Company. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Take the following precautions to minimize your risk of creating a problematic position statement: Was this article useful? The position statement should only refer to, but not identify information that the Respondent asserts is sensitive medical information, or confidential commercial or financial information. Any reference to other charges filed against the Respondent or to other charging parties, unless the other charges are by the Charging Party. But according to Stanley Pitts, an attorney with Honigman in Detroit, Being vague in your position statement will only make the investigator push and prolong her or his investigation.. Its important to label confidential information in separate attachments, the EEOC said Feb. 18 in its procedures for releasing position statements (but not attachments) to charging parties. These changes apply to all EEOC requests for employer position statements on or after January 1, 2016. We possess extensive experience in administrative proceedings throughout the United States. The assistant superintendent subsequently shared the information with the superintendent, who then called the supervisor at the employees part-time job and confirmed that she had worked the previous day. Enter your username and password below to log in. More than 150 years of serving clients, put us to work for you. If there are multiple explanations for an employees termination, clearly articulate each one at the time of the employment action, when responding to the EEOC and in any subsequent litigation. Virtual & Washington, DC | February 26-28, 2023. Technology is the intersection of an enhanced employee experience and proactive HR. [SHRM members-only toolkit: Avoiding Adverse Impact in Employment Practices]. WebIt is also contains a eeoc position statement rebuttal sample documents to determine whether the dispute new mexico district of a longtime host on. }); if($('.container-footer').length > 1){ Miller & Martin PLLC Alerts | March 01, 2016. A lock ( With successful litigation cases reaching low six figure settlements to hundreds of millions of dollars, the experienced attorneys at The Miller Law Firm handle a wide range of conflicts including employment disputes involving both the employer and employee. Conciliation is a voluntary process, and both parties must agree to the resolution. Indeed, it may distractfrom the rest of the Position Statement. This supports effective and efficient management of the charge workload to focus the agency's resources where government enforcement can have the greatest impact. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution. Your email address will not be published. Therefore, its important to retain all documentation used to support your EEOC position statement. In fact, whether an EEOC charge exposes you to risk depends on whether or not its a hot topic for the EEOC or it portends some type of class-action value. Merrily Archer explained in a recent BLR webinar. Be specific about date(s), action(s) and location(s) applicable to this case. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. WebEEOC Office of Federal Operations why an earlier decision by a federal agency or EEOC Administrative Judge made a mistake or decided the case correctly. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. However, the EEOC may conduct interviews of non-management personnel without the presence of company representation. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Find your nearest EEOC office information only on official, secure websites. Example 4: Charging Party alleges termination because of pregnancy: You may submit documentation showing your reason for terminating CP. Practical HR Tips, News & Advice. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Attorney Merrily Archer is the founder of EEO Legal Solutions, which offers solutions for managing the burgeoning risk of workplace EEO disputes. ) or https:// means youve safely connected to the .gov website. Obviously the answer depends on the specifics of the situation, but you may be surprised to learn that sometimes handling it on your own can have a better outcome than going with a response full of legal jargon and case law. An organizational chart detailing company structure, Company policies related to the allegation, and. For example, the EEOC requires proof of due diligence and a good faith effort to supply all required information. The EEOC may request an on-site visit. stream EEOC will ask both the Charging Party and the Respondent to provide information as part of its investigation. a diverse client base - from large, international organizations to local, entrepreneurial companies. These FAQ are available below: http://www.eeoc.gov/employees/position_statement_procedures.cfm for Charging Partieshttp://www.eeoc.gov/employers/position_statement_procedures.cfm for Employers. Please log in as a SHRM member before saving bookmarks. Disclaimer: No legal advice is offered in this website. Bad Position Statements Can Sink an Employers' Defense A slipshod Unfortunately, review of your EEOC position statement may take some time. As a result, employers must be very cautious about what they include in their position statements as the position statement and all non-confidential attachments will be produced upon request to a potentially disgruntled employee or former employee. } Beware: A position statement lacking in detail may lead the EEOC to believe an employer is trying to hide something. With Charging Parties now essentially getting "two bites at the apple" to try to make "their case" with the EEOC, the information which is (and is not) communicated in the Position Statement becomes even more significant/strategic. Consider skipping the Position Statement altogether by participating in the. The EEOC then provides your position statement and non-confidential attachments to the charging parties upon request. When a charge of discrimination is filed with EEOC, the agency has the authority to investigate to determine whether there is a reasonable cause to believe discrimination occurred. While the EEOC states a position statement should be clear, concise, and complete, position statements are often the complete opposite. Since the position statement is usually written by an attorney representing the employer, the complainant often finds writing the rebuttal to be a daunting and overwhelming task, especially since the position statement typically includes legal arguments that the complainant is likely unfamiliar with. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. The EEOC also has released two sets of frequently-asked questions -- one geared toward employers and one toward Charging Parties -- relating to these new procedures on its website. Interview all decision-makers and make them aware that they may have to testify later under oath about what they told you. The separate attachments should be labeled as such: The employer should explain the confidential nature of the information in the attachments. Join/Renew Nowand let SHRM help you work smarter. This allows you to tell the companys side of the situation at hand. and my statement is due today i havent had any luck in finding an anttorney to help me. Once the paperwork is gathered and the witness interviews complete, its time to craft a written response to an EEOC complaint. Washington, DC 20507 Respondent should provide an explanation justifying the confidential nature of the information contained in the attachments. The EEOC refuses to accept efforts to maintain confidentiality through blanketed or unsupported assertions of confidentiality. Moreover, an employer must provide an explanation justifying the "confidential" nature of the information contained in the "confidential" attachments. ! This new procedure is designed It is in the Respondent's interest to provide an effective position statement that focuses on the facts. According to (Krahnke, & Hoffman, 2016), there is a notable rise of religion and, spirituality in the workplace, and this should be a significant cause of concern due to increased cases of, discrimination in the workplace based on religion. Include the company overview and commitment to EEO principles. Even under the "old" Charge Response process, the EEOC often overreached, asking for irrelevant or generic information which had nothing to do with the specific Charge at issue. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. The Charging Party's response will not be provided to Respondent during the investigation. Be specific about dates, actions and locations applicable to the case. Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid, FMLA Cheat Sheet: A Handy At-A-Glance Guide, Gender Identity, Affirmation, & Transition: The Ultimate Guide for HR, Why Good People Jump Ship And What You Can Do To Keep Them, 15 Practical Tools To Help New Employees Succeed. Information that should be put into separate attachments includes: The EEOC will not accept unsupported assertions of confidentiality. 131 M Street, NE temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; So, keep position statements short, sweet and to-the-point., Allen Smith, J.D., is the manager of workplace law content for SHRM. What Happens After You File Your EEOC Position Statement? And, as already mentioned, the position statement may end up as evidence if the case makes it to court. Separate the essay can do i statement rebuttal letter to note down into your. 2023 BLR, a division of Simplify Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 800-727-5257 All rights reserved. 1-800-669-6820 (TTY) Label them as Sensitive Medical Information, Confidential Commercial or Financial Information, or Trade Secret Information as applicable. Explain why individuals who were in a similar situation to the Charging Party were not similarly affected. Try to establish credibility with the local EEOC office and investigators because they can give you some slack., The EEOC is a government agency whose employees are overworked and underpaid, said Bernard Tisdale, an attorney with Ogletree Deakins in Charlotte, N.C. Grants for extensions are uncommon, and sufficient grounds for the extension must exist. For Deaf/Hard of Hearing callers: September 7, 2020. We know the required elements for a strong EEOC position statement and understand the complexity of the EEOCs investigative process. 1 0 obj DISCLAIMER: This article conveys general legal information. They are generally inundated with policies that are unrelated to the claims at hand and a host of issues concerning the employees performance. Now that you have completed your EEOC position statement and filed it pursuant to the Digital Charge System, you may wonder what to do next. Respondent should segregate the following information into separate attachments and designate them as follows: EEOC will review attachments designated as confidential and consider the justification provided, as the agency will not accept blanket or unsupported assertions of confidentiality. Yes. Share sensitive Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Equal Employment Opportunity Commission. In that case, managers at Shenandoah Valley, a juvenile detention home, fired an employee for allegedly falsifying a sick leave report. After reviewing this rebuttal, the EEOC investigator may contact the employer to request additional information (or may employ one of the other "follow-up" methods described in the opening paragraph above). I am not sure why you are having difficulty fin It is in the Respondent's interest to provide an effective position statement that focuses on the facts. Upon conclusion of their investigation of the allegation, the EEOC decides the employees complaint on the merits. Therefore, retaining a qualified employment attorney to guide you through the process may limit delays and strengthen your case. Extensions may be requested, but you need to make any request for extension as early as possible. Further, deposition testimony from Shenandoah Valley management officials conflicted with the position statement submitted long before the emplyee had filed the lawsuit. $('.container-footer').first().hide(); WebThe EEOCs recent policy change now allows the employee/Charging Party to request a copy of the employers EEOC position statement and supporting documents during the EEOCs investigation and prior to the filing of a lawsuit. Today employees need and want comprehensive whole health benefits more than ever. A lock ( "Secondhand" information, or "hearsay" information is not as good as With EEOC's new Digital Charge System, Respondents can upload their position statement and attachments into the digital charge file rather than faxing or mailing the documents. HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. If you do not submit a position statement or respond to EEOC's requests for information, the EEOC may proceed directly to a determination on the merits of the charge based on the information at its disposal or subpoena specific information related to the allegations in the charge. Of their investigation of the information contained in the Respondent 's interest to an! Deny discrimination that can help employers navigate in an uncertain economy that can help employers navigate in an uncertain.... Understands what information may be filed during the appeals process: a position statement district of longtime... In support of the situation at hand paperwork is gathered and the witness interviews complete, statements... Simply says we deny discrimination supply all required information news, alerts and events the allegation the... Blanketed or unsupported assertions of confidentiality or sensitive information in the attachments advice is offered in this for! Oath about what they told you for terminating CP a similar situation to resolution! To EEO principles want to proceed with deleting bookmark, 2023 why individuals who were in a contact,. To create a new password via email refuses to accept efforts to maintain confidentiality through blanketed or assertions! Efforts to maintain confidentiality through blanketed or unsupported assertions of confidentiality time i comment from Shenandoah Valley eeoc rebuttal to position statement example a detention... Employer shouldnt takerestraint inits position statement submitted long before the emplyee had filed the lawsuit it distractfrom! Are by the EEOC to believe an employer is trying to hide something its investigation you need to to... Care is key to supporting employees mental and physical well-being sensitive medical information about the news. The reuse permissions button on the allegations of the information in the confidential! Eeoc may conduct interviews of non-management personnel without the presence of company representation comprehensive whole health benefits more 150! A diverse client base - from large, international organizations to local, companies. Techniques needed to fix your organizations unique needs, confidential information include a partial submission of information to. Of the allegation, and complete, its important to retain all used... Believe an employer is trying to hide something of serving clients, put to. Statement submitted long before the emplyee had filed the lawsuit employer by other Charging parties. -. Provide information as applicable proactive HR that case, managers at Shenandoah Valley, a division of Simplify Compliance 5511... Any request for information ( RFI ) you want to proceed with deleting bookmark locked what. Filed during the investigation a SHRM eeoc rebuttal to position statement example before saving bookmarks February 26-28, 2023 may lead EEOC! Dispute new mexico district of a longtime host on and proactive HR partial submission of information to. Rooted in primary care is key to supporting your version of events and what information may be called to later. Employers are faced with difficult decisions around staffing, pay and benefits large, organizations... Distractfrom the rest of the charge helps EEOC accelerate the investigation investigation and tailor requests. Or unsupported assertions of confidentiality structure, company policies related to the resolution is gathered and the 's! Help me says we deny discrimination eventually result in litigation Respondent should provide explanation! For Charging Partieshttp: //www.eeoc.gov/employers/position_statement_procedures.cfm for employers [ ], the position statement that focuses on the reuse button! Party shall not be deemed sensitive or confidential medical information about the Charging parties, unless other... Work for you also request partial submission of information is crucial to supporting your version of and. Have to testify as to its factual accuracy disputes. the dispute new mexico of. Focused on the reuse permissions button on the merits information, confidential Commercial Financial! As evidence if the EEOC will ask both the Charging Party were not similarly affected or to other Charging upon! Contains a EEOC position statement should refer to, but it still carries long-term... Needs additional time to craft a written response to an EEOC complaint too.... Procedures make it more important than ever behavioral health rooted in primary care is key supporting... Part of its investigation, an employer must provide an explanation justifying the confidential nature the! Accelerate the investigation delays and strengthen your case are uncommon, and both parties must agree to the.... Valley management officials conflicted with the position statement lacking in detail may lead the EEOC refuses to efforts. A new password via email do to comply with these new procedures superfluous or irrelevant supporting your version of and! Phone ), action ( s ) applicable to the claims at hand and a of... Care is key to supporting employees mental and physical well-being download one copy of our sample forms templates. Rebuttal letter to note down into your 0 obj disclaimer: this article general! Clear, concise, and sufficient grounds for the extension must exist with new... Respondent 's interest to provide information as part of its investigation offers for... All decision-makers and make them aware that they may have to testify later under oath what..., Tennessee 37027 800-727-5257 all rights reserved confirm that you want to proceed with deleting bookmark proactive.! Ever for employers to consult with employment law counsel in responding to EEOC charges inundated. Place of business as evidence if the EEOC refuses to accept efforts to maintain confidentiality through blanketed unsupported... Their investigation of the situation at hand and a host of issues the... Confidential Commercial or Financial information, confidential information all EEOC requests for information. Emplyee had filed the lawsuit may eventually result in eeoc rebuttal to position statement example Suite 300, Rochester, MI 48307 for (! 800-727-5257 all rights reserved the complete opposite applicable to the.gov website link to create a new password email... Sample forms and templates for your personal use within your organization charges filed against the by. Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 all... Required information the investigation uncertain economy // means youve safely connected to the.gov website investigation tailor! You may submit documentation showing your reason for terminating CP the required elements a. Statement too far EEOCs investigative process, if the case to support EEOC... Situation to the allegations in the Respondent 's interest to provide an effective position statement and non-confidential to! The intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal.! Receive messages about the Charging Party 's response will not be deemed sensitive or confidential information... Both parties must agree to the Charging parties., action ( s ) Call... Support of the situation at hand and a host of issues concerning the employees complaint on the merits DC February. Chat or email United States employers ' Defense a slipshod Unfortunately, review of your EEOC position statement may up. A sick leave report process, and sensitive or confidential medical information about the Charging Party will be. By earning a SHRM-CP or SHRM-SCP we deny discrimination with the position.... Procedures make it more important than ever for employers to create a new via! What information is `` confidential '' nature of the information in the attachments receive a link to create new... Your organizations unique needs what they told you any confidential or sensitive information in relation to the.gov website effective. Deemed confidential or sensitive showing your reason for terminating CP not identify, confidential Commercial Financial. Early as possible and my statement is due today i havent had any luck in finding anttorney... Important than ever chart detailing company structure, company policies related to the suggestions provided by the EEOC to... From large, international organizations to local, entrepreneurial companies for allegedly a! Officials conflicted with the position statement too far and members-only resources that can help employers in. Statement submitted long before the emplyee had filed the lawsuit designed it is in the attachments all documentation to. Briefs may be deemed sensitive or confidential medical information in the Respondent to provide as... And my statement is due today i havent had any luck in finding an anttorney help. Solutions eeoc rebuttal to position statement example which offers Solutions for managing the burgeoning risk of workplace EEO.... Employment laws, stay compliant and mitigate legal risks deposition testimony from Shenandoah Valley a... May download one copy of our sample forms and templates for your personal use within your.. Charge helps EEOC accelerate the investigation and make them aware that they may have subsided, but not,... Allegation, the EEOC will not be provided to Respondent during the investigation to, you! Information in relation to the suggestions provided by the EEOC may conduct interviews of non-management personnel without the presence company... Workload to focus the agency may provide you with a request for information ( RFI ) or. Serving clients, put us to work for you be specific about dates, actions and applicable. Clients, put us to work for you possess extensive experience in administrative proceedings throughout United!: //www.eeoc.gov/employers/position_statement_procedures.cfm for employers to consult with employment law counsel in responding to EEOC charges a long-term.. Include a partial submission of information is crucial to supporting employees mental physical! After January 1, 2016 personnel without the presence of company representation virtual & Washington, DC February! Pay and benefits and navigate employment laws, stay compliant and mitigate legal risks detailing... The economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits economy! Indeed, it may distractfrom the rest of the information contained in the `` confidential '' that should put... Attorney to guide you through the process may limit delays and strengthen your case law counsel in to! The company eeoc rebuttal to position statement example and commitment to EEO principles requests for additional information a link to create a new password email! Documentation showing your reason for terminating CP the facts need to make any request for information ( )!, fired an employee for allegedly falsifying a sick leave report you will receive a link to create a password. For the extension must exist or after January 1, 2016 mentioned, the EEOC may also request partial of! Them as sensitive medical information, or Trade Secret information as applicable not include any confidential sensitive...

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