University Statements

Dear Cornell community,

Over the past week, a number of Cornellians have expressed concerns regarding recent Equal Employment Opportunity Commission (EEOC) outreach, and the means by which personal contact information was obtained by the EEOC. I am writing today to explain this issue more fully for the benefit of all in our community.

The EEOC has, for many years, occasionally requested contact and other relevant information from employers related to active cases: both to investigate the circumstances of the complaint, and to determine if other employees have experienced related behavior. While the bulk records request Cornell received from the EEOC last summer was, in our view, exceptionally broad, this type of request as part of the investigation of an EEOC complaint is almost certain to be upheld in court, as denying it would restrict the government’s ability to investigate the claim.

Cornell complied with this request, providing the EEOC with the names, positions, dates of employment, self-reported race, and contact information on record for all Cornell employees. The university does not issue public notification of discovery requests made in the course of legal claims against Cornell, as doing so would be both impractical and, potentially inappropriate. We were not informed that the government planned to send emails to our community, and we have received no information as to the timing or scope of this investigation.

I would like to clarify for all in our community that the federal government is not in violation of the agreement reached last fall, which explicitly excluded EEOC actions; that no academic records or university conduct records have been requested or shared; and that the EEOC records request, while expansive, was legal and legitimate. As I have previously stated, we are committed to protecting members of our community from legally suspect overreach — or example, by refusing demands for information that do not follow legal process, and alerting individuals who have been so targeted. This records request was not such a situation.

This incident has placed real stress on the Cornell community — stress that has been compounded by the spread of distortions and misinformation. I appreciate the opportunity to clarify the situation and am grateful for the work of our Office of General Counsel, which continues to navigate emerging challenges with respect for both established law and our community.

Sincerely,

Michael I. Kotlikoff
President