Case: 1:15-0v-0027i600ument 4-1 Filed: 01/13/15 Pa?m of 44 PageID #:34 Morgan, Lewis 81 Bockius LLP 77 West Wacker Drive Chicagor'L 606016094 COUNSELORS AT LA Tel. 312.324.1000 Fax: 312.324.1001 Andrew Scrogglna Associate 31 2. 324. 1722 ascroggins@morganlewis.com RECENEB EEOC MAR 3 i 2014 CHICAGO VIA E-MAIL AND HAND DELIVERY March 31, 2014 Eric Lamb Investigator Equal Employment Opportunity Commission 500 W. Madison St. Chicago, Illinois 60661 Re: EEOC Investigation Number 440-2013-05194 Dear Eric: This letter is in response to Subpoena No. CH-14-026 (?Subpoena?), issued by your office to Aerotek, Inc. (?Aerotck? or the ?Company?) on March 4, 2014, in connection with the above- referenced investigation.l Request No. 2. For all job requisition requests by clients of Respondent nationwide for the time period of January 1, 2009, to the present, an MS Access 2007 database with a Table with the following ?elds containing information for each job requisition: - - - Information responsive to Request No. 2 is enclosed as an Access database Bates numbered The database is comprised of a single table titled with ?eld headings that correspond to the subparts described in the Subpoena. The table includes 632,785 rows of data. 1 Information responsive to Request Nos. 1 and 3 was produced on March 17, 2014, and Aerotek has no non-privileged documents to produce in response to Request No. 4. Chicago Philadelphia Washington New York Los Angeles San Francisco Miami Pittsburgh Princeton Palo Alto Dallas Houston Harrisburg twine Boston Wilmington London Paris Brussels Frankfurt Beijing Tokyo Case: 1:15-Cv-00272800ument 4-1 Filed: 01/13/15 Page 20 of 44 PageID #:35 Morgan Lewis EricLamb COUNSELOIS AT LAW March31,2014 Page2 As you know, Aerotek has an Equal Employment Opportunity policy that prohibits discrimination in employment opportunities or practices on account of age, as well as other protected bases including race, color, religion, sex, national origin, ancestry, age, disability, pregnancy, job assignment, compensation, discipline, termination, and access to bene?ts and training. The policy applies with equal force to internal employees and contractor employees placed to work at client locations. A copy of the policy is enclosed as As an additional measure, Aerotek also has an Equal Employment Opportunity Contractor Recruitment/Referral Policy. This policy emphasizes the Company?s commitment to partnering with its clients to provide equal employment opportunities for all quali?ed candidates. It is Aerotek?s strict policy not to condone or participate in unethical, inappropriate, discriminatory or illegal employment practices on behalf of or at the request of its clients. To that end, all internal employees are required to submit the most quali?ed candidates to ?ll positions based on objective, bona ?de ob-related quali?cations and standards and without regard to a client?s stated or implied preference for individuals of a particular age, race, color, religion, sex, national origin, disability, or any other characteristic protected by law. To ensure compliance with its Equal Employment Opportunity Contractor Recruitment/Referral Policy, Aerotek trains its employees to respond to a client request that may be inconsistent with these standards. Employees also are encouraged to seek additional assistance from their Director of Business Operations or Employee Relations Manager if unsure how to handle a speci?c situation, and are required to report to their DBO or Employee Relations if the client persists. In addition, all employees may make con?dential reports of discriminatory employment practices to the Code of Conduct and Ethics Hotline via phone or email. (The Hotline is managed by a third party, and employees may make their reports anonymously, so that employees do not fear retaliation.) Those who violate the Equal Employment Opportunity Contractor Recruitment/Referral Policy are subject to discipline. A copy of the policy is enclosed as Aerotek?s commitment to equal employment opportunity both with respect to its internal employees and to the placement of contract employees is evidenced in the data produced earlier in response to the Subpoena. That data demonstrates that Aerotek employs literally tens of thousands of workers age 40 and over to work both for clients and internally. The personnel complement likewise is diverse with respect to sex, race and other protected characteristics. Nonetheless, as we gathered and reviewed the extensive, nationwide materials the EEOC requested in the Subpoena, we discovered isolated incidents that suggest certain Aerotek employees were not acting in a manner consistent with Company policy and practices. While the number of such incidents is quite small in comparison to the number of jobs ?lled by the Case: 1:15-Cv-00275 Document 4-1 Filed: 01/13/15 Pa$21 of 44 PageID #:36 Morgan Isms EricLamb counssrons AT LAW March31,2014 Page3 Company over the more than ?ve year period encompassed by the request, any failure to comply with Company policy is unacceptable. As we have stated in the past, Aerotek is motivated to correct any issues that it identi?es among its personnel, including potential violations of the Company?s Equal Employment Opportunity and Equal Employment Opportunity Contractor Recruitment/Referral Policies. Aerotek has already identi?ed additional steps it may take to better ensure compliance with its policies. It is also important to Aerotek that its efforts be taken in partnership with the EEOC. Therefore, Aerotek respectfully requests your collaboration and assistance in outlining the ways that it can address the small number of issues it has identi?ed, and ensure that the Company attains the highest levels of compliance going forward. At your earliest opportunity, please call me at (312) 324-1722 so that we can schedule a meeting to discuss what the partnership between Aerotek and the EEOC might entail. A representative of Aerotek would like to participate in such a meeting as well. I look forward to further discussion with you regarding this matter. Sincerely, Andrew Scroggins AS c: Dana R. Baughns, Esq. Thomas . Hurka, Esq. Robert J. Smith, Esq. DB If 78283769.]