EEOC Says Its Background Checks Irrelevant

The government further argued that it would "dangerous" for the court to require that it turn over the policy since that would open up EEOC internal personnel practices for discovery every time it files litigation.

"The defendant-employer sued in a sexual harassment case, for example, might seek discovery related to EEOC's sexual harassment policy to argue that defendant-employer's policy is 'similar or the same' as EEOC's policy and therefore defendant-employer could not have violated the law," it warned.

"The 'most open and transparent administration' is trying to hide its own hiring policies. That's just not the way it should be," said Aloysius Hogan, senior fellow at the Competitive Enterprise Institute, a free-market think tank.