About the November 29th 2021 Employment Related Murder of Delfina Pan in the City of Miami Beach (Florida) - #Michael Ayele (a.k.a) W - #Title VII of the 1964 & 1991 Civil Rights Act

RECORDS REQUEST 03/26/2022

W (AACL) Updated.: March 26th 2022

Michael A. Ayele

P.O.Box 20438

Addis Ababa, Ethiopia

E-mail: [email protected] ; [email protected] ; [email protected]

Request for Records

Hello,

This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am
writing this letter to file a request for records with your offices.i The bases for this request for
records are (1) the November 29th 2021 violent murder of Delfina Pan related to her previous
employment at the Kansas Bar & Grill located in the City of Miami Beach on Lincoln Road;ii (2)

the ordinance of the City of Miami Beach, which has gone into effect in 2013; (3) the

memorandum of understanding (MOU) concluded between the Equal Employment Opportunity

Commission (EEOC) and the Florida Commission on Human Relations (FCHR).

I) Request for Records

What I am requesting for prompt disclosure are all records within your possession detailing (1)
formal and informal ties existing between the EEOC, the FCHR, the City of Miami Beach
Human Relations Committee and the Department of Homeland Security (DHS); (2) your
communications about the City of Miami Beach ordinance (hereby attached in Appendix A); (3)
communications between the EEOC and the FCHR, which led up to the conclusion of the MOU
(hereby attached in Appendix B); (4) your communications about whether Delfina Pan was made
aware by Kansas Bar & Grill (her former employers) on her rights to file a complaint of
employment discrimination denouncing sexual harassment at the workplace; (5) the complaints
filed by Delfina Pan with City of Miami Beach Human Rights Committee denouncing sexual
harassment at the workplace; (6) the extent of the EEOC and the DHS knowledge on whether the
Kansas Bar & Grill restaurant complied with the ordinance of the City of Miami Beach; (7) your
communications about whether a person working in the City of Miami Beach, Florida can file a
complaint with the FCHR and the EEOC after having filed a complaint with the City of Miami
Beach Human Rights Committee; (8) your communications about the murder of Delfina Pan
being related to her previous employment with the Kansas Bar & Grill restaurant; (9) the
policy(ies) adopted by the EEOC in circumstances where a person is murdered as a direct
consequence of her/his previous employment; (10) the policy(ies) adopted by the DHS in
circumstances where an immigrant is murdered as a direct consequence of her/his previous
employment; (11) the wishes of Delfina Pan in terms of what she wanted in the event she died in
the United States of America (U.S.A).

W (AACL) – MICHAEL A. AYELE 1

RECORDS REQUEST 03/26/2022

II) Request for a Fee Waiver and Expedited Processing

The requested records have demonstrated that the life of Delfina Pan was put at significant risk
as a direct consequence of her previous employment in the State of Florida (working for the
Kansas Bar & Grill in the City of Miami Beach). On this basis alone, I believe this request for
records should be expedited and all fees waived. As a Black man, who has previously filed a
charge of employment discrimination with the EEOC pursuant to Title VII of the 1964 and 1991
Civil Rights Act; I would like to take this opportunity to denounce discrimination on the bases of
gender, racial background, sexual orientation, religious affiliation, national origin or other non-
meritorious attribute people may identify with. I would also like to take this opportunity to
unequivocally denounce violence committed against women irrespective of their racial
backgrounds, their sexual orientations, their national origins, their religious affiliations or other
attributes they may identify with. Beware.

The core issues raised in my records request are as follows. 1) Was Delfina Pan aware that she
could file a complaint of employment discrimination denouncing sexual harassment with the
City of Miami Beach Human Rights Committee? If yes, do you have any knowledge on whether
she opted to do so? If not, why has Delfina Pan not filed a complaint of employment
discrimination with the City of Miami Beach Human Rights Committee? Did the Kansas Bar &
Grill restaurant, where Delfina Pan worked post in a visible place the ordinance adopted by the
City of Miami Beach? 2) Does the City of Miami Beach Human Rights Committee have formal
and/or informal ties with the DHS, the FCHR and the EEOC? Would filing a complaint of
employment discrimination with the City of Miami Beach Human Rights Committee prohibit a
sexual harassment victim (such as Delfina Pan) to report her experiences with the FCHR and the
EEOC? 3) Was Delfina Pan fearful for her safety as a direct consequence of her previous
employment with the Kansas Bar& Grill restaurant? If yes, had she expressed those concerns for
her physical safety to law enforcement agencies which include but are not limited to the City of
Miami Beach, the DHS, the EEOC and the FCHR? Had Delfina Pan expressed any wishes about
what she wanted (to happen to her body) in the event she died in the U.S.A? What policy(ies)
have been adopted by the EEOC in circumstances where a person is murdered as a direct
consequence of her/his previous employment? What policy(ies) have been adopted by the DHS
in circumstances where an immigrant is murdered as a direct consequence of her/his previous
employment?

W (AACL) – MICHAEL A. AYELE 2

RECORDS REQUEST 03/26/2022

As a Black man, who has previous filed a complaint of employment discrimination with the
EEOC pursuant to Title VII of the 1964 and 1991 Civil Rights Act; I believe these questions
deserve an answer. Have a good day. Take care. Keep yourselves at arms distance.

Respectfully submitted:
W (AACL)
Michael A. Ayele
Anti-Racist Human Rights Activist
Audio-Visual Media Analyst
Anti-Propaganda Journalist

Work Cited

i Please be advised that I have previously disseminated a vast number of documents obtained
through records request via Archive.org, Scribd.com, Medium.com and YouTube.com. These
documents have been made available to the public at no financial expense to them. As a member
of the media, I would like to take this opportunity to inform you that the records you disclose to
me could be made available to the general public through the means I have mentioned above or
other ones. On December 10th 2021, I have launched a website on Wordpress.com for the
purpose of making the records previously disclosed to me by the U.S government further
accessible to members of the general public interested in the activities of their elected and non-
elected representatives. You can find out more about the recent publications of the Association
for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/

ii According to an arrest report, Mariani and Pan worked at a local restaurant together, and
Mariani had made several attempts to start a relationship with Pan, who declined his attempts.
(…) According to the arrest report, Mariani, who worked as a bartender, showed up at Pan's
apartment and waited for her, and when she refused to talk with him, he pulled out a knife and
stabbed her. (…) Workers at the restaurant discovered that a large knife that was kept at the bar
was missing, and the knife matched the description of the one used by Mariani in the stabbing,
the report said. Miami Beach Man Fatally Stabbed Co-Worker Who Refused to Date Him, NBC
Miami.: https://www.nbcmiami.com/news/local/miami-beach-man-fatally-stabbed-co-worker-
who-refused-to-date-him-police/2633475/

W (AACL) – MICHAEL A. AYELE 3

REQUEST FOR RECORDS 12/20/2021

W (AACL) Date Updated.: March 26th 2022

Michael A. Ayele

P.O.Box 20438

Addis Ababa, Ethiopia

E-mail: [email protected] ; [email protected] ; [email protected]

Request for Records

Hello,

This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am
writing this letter to file a request for records with your offices.i The bases for this records
request are (1) the November 29th 2021 murder of 28-year-old Delfina Pan in Miami Beach,
Florida ii and; (2) the October 28th 2019 murder of 22 years-old Allyzibeth Lamont. iii

I) Records Request

What I am requesting for prompt disclosure are all records within your possession detailing [1]
formal and informal ties existing between your offices, the Equal Employment Opportunity
Commission (EEOC), the Department of Homeland Security (DHS), the Department of Justice
(DOJ), the Department of State (DoS) and the New York State Department of Labor; [2] the
agreements of cooperation concluded between the EEOC and the DHS not to retaliate upon first-
generation immigrants of the United States of America (U.S.A) who make the brave decision to
file a charge of employment discrimination pursuant to Title VII of the 1964 and 1991 Civil
Rights Act; [3] the agreements of cooperation concluded between the DOJ and the DHS not to
retaliate upon first-generation immigrants of the U.S.A who make the brave decision to file a
charge of employment discrimination pursuant to the provision of the Immigration and
Nationality Act (INA), 8 U.S.C Section 1324b;iv [4] your communications about Delfina Pan as a
28 year-old woman from Argentina (South America) who had moved to the U.S.A in 2019; [5]
your communications about Delfina Pan as a woman who had attended the University of Buenos
Aires in Argentina before her arrival in the U.S.A; [6] your communications about Delfina Pan
as a woman who was living in the 7330 Block of Harding Avenue in Miami Beach, Florida; [7]
your communications about Delfina Pan as a woman described by several news outlets as a “
graphic designer” and an “aspiring graphic designer” by profession;v [8] your communications
about Delfina Pan as a woman who had been working at the Kansas Bar & Grill (in Miami
Beach, Florida) for many months before her murder; [9] your communications about Delfina Pan
as a woman who had met Augustin Lucas Mariani during her employment at the Kansas Bar &
Grill restaurant (located in Miami Beach, Florida); [10] your communications about Delfina Pan
as a woman who was sexually harassed during her employment by Augustin Lucas Mariani, also
employed at the Kansas Bar & Grill restaurant (located in Miami Beach, Florida); [11] your
communications about Delfina Pan as a woman who had constantly rejected the sexual advances
of Augustin Lucas Mariani during her employment at the Kansas Bar & Grill restaurant (located
in Miami Beach, Florida); [12] your formal and informal ties with the Kansas Bar & Grill
restaurant (located in Miami Beach, Florida); [13] the obligations incurred by Kansas Bar &

W (AACL) – MICHAEL A. AYELE 1

REQUEST FOR RECORDS 12/20/2021

Grill restaurant (located in Miami Beach, Florida) since the murder of Delfina Pan; [14] the
extent of the EEOC, the DHS and the DOJ interest in the Kansas Bar & Grill restaurant (located
in Miami Beach, Florida); [15] directives issued by the EEOC, the DHS and the DOJ requiring
the Kansas Bar & Grill restaurant (in Miami Beach, Florida) to inform their current and
prospective employees about their rights pursuant to Title VII of the 1964 Civil Rights Act and
the anti-discrimination provision of the INA; [16] your communications about the misleading
Tweet posted by the Miami Beach Police indicating that the murder of Delfina Pan was
“domestic related;” [17] your communications about femicide; [18] your communications about
the World Health Organization (WHO) definition of femicide as the “intentional murder of
women because they are women;” vi [19] your formal and informal ties with the Miami Beach
Police and the WHO; [20] your communications about Delfina Pan as a woman who may have
been fearful of reporting the sexual harassment she endured as an employee of the Kansas Bar &
Grill restaurant (located in Miami Beach, Florida) to the Florida Commission on Human
Relations (FCHR); [21] your communications about Delfina Pan as a woman who may not have
come into contact with a legal representative of the FHCR during her employment at the Kansas
Bar & Grill restaurant (located in Miami Beach, Florida); [22] formal and informal ties existing
between the EEOC and the FCHR; [23] the agreements of cooperation concluded between the
EEOC and the FCHR; [24] your communications about Allyzibeth Lamont as a 22 year old
Caucasian woman who was employed in a New York deli owned and operated by Georgios
Kakavelos; [25] your communications about the decision of Allyzibeth Lamont to file a charge
of employment discrimination against Georgios Kakavelos with the New York State Department
of Labor; [26] the complaint filed by Allyzibeth Lamont against Georgios Kakavelos with the
New York State Department of Labor; [27] the paper-copies of the investigation launched by the
New York State Department of Labor following the complaint filed by Allyzibeth Lamont
against Georgios Kakavelos; [28] your communications about the murder of Allyzibeth Lamont
by James Duffy and Georgio Kakavelos; [29] your communications about Allyzibeth Lamont as
a woman who was retaliated upon following her decision to file a complaint with the New York
State Department of Labor; [30] your communications about the decision of New York State
Labor Commissioner Roberta Reardon to write a letter addressed to Saratoga County Judge
James A. Murphy III asking him to impose a sentence that would discourage other employers to
retaliate against employees who file a charge of employment discrimination; [31] the letter
written Roberta Reardon addressed to James A. Murphy III on behalf of Allyzibeth Lamont; [32]
your communications about the sentencing of Georgios Kakavelos to life in prison without the
possibility of parole on November 30th 2021.vii

II) Request for a Fee Waiver and Expedited Processing

The requested records have demonstrated that the lives of Delfina Pan and Allyzibeth Lamont
were put at significant risk as a direct consequence of their employments in the State of Florida
and the State of New York respectively. On this basis alone, I believe this request for records
should be expedited and all fees waived. As a Black man, who has previously filed a charge of
employment discrimination with the EEOC pursuant to Title VII of the 1964 and 1991 Civil

W (AACL) – MICHAEL A. AYELE 2

REQUEST FOR RECORDS 12/20/2021

Rights Act; I would like to take this opportunity to denounce discrimination on the bases of
gender, racial background, sexual orientation, religious affiliation, national origin or other non-
meritorious attribute people may identify with. I would also like to take this opportunity to
unequivocally denounce violence committed against women irrespective of their racial
backgrounds, their sexual orientations, their national origins, their religious affiliations or other
attributes they may identify with. Beware.

The core issues presented in this records request are as follows. 1) What are the obligations of
employers such as Lincoln Road restaurant, Kansas Bar & Grill when a female employee is
murdered following months of sexual harassment at the hands of a male employee? Could
Lincoln Road restaurant, Kansas Bar & Grill have prevented the murder and what steps do they
need to take to prevent a heinous act (such as the one Delfina Pan experienced) in the future? 2)
Can agencies who process charges of employment discrimination do more to prevent retaliation
directed at complainants who may have been witness to wrongdoings at the workplace? What
should be done taking into consideration the murder of Allyzibeth Lamont?

As a Black man, who has previously filed a charge of employment discrimination with the
EEOC; I believe the issues I have raised in my request for a fee waiver and expedited processing
deserve an answer. Take care. Keep yourselves at arms distance.

I hereby declare under penalty of perjury that all the statements I have made are to the best of my
knowledge true and accurate.

Respectfully submitted:
W (AACL)
Michael A. Ayele
Anti-Racist Human Rights Activist
Audio-Visual Media Analyst
Anti-Propaganda Journalist

W (AACL) – MICHAEL A. AYELE 3

REQUEST FOR RECORDS 12/20/2021

Work Cited

i Please be advised that I have previously disseminated a vast number of documents obtained
through records request via Archive.org, Scribd.com, Medium.com and YouTube.com. These
documents have been made available to the public at no financial expense to them. As a member
of the media, I would like to take this opportunity to inform you that the records you disclose to
me could be made available to the general public through the means I have mentioned above or
other ones. On December 10th 2021, I have launched a website on Wordpress.com for the
purpose of making the records previously disclosed to me by the U.S government further
accessible to members of the general public interested in the activities of their elected and non-
elected representatives. You can find out more about the recent publications of the Association
for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/

ii The stabbing death of 28-year-old Delfina Pan in Miami Beach early this week made headlines
in her native Argentina, where the online news site Today in 24 branded her suspected killer “an
obsessed stalker.” Another news site called her death “femicide.”

But in Miami Beach, where she lived, police were unusually quiet about the brutal killing. For
three days, the only information released by police was a single Twitter post that said when
officers arrived they found a male and female “with apparent stab wounds” and that they were
both transported to Jackson Memorial Hospital.

“Preliminary info suggests this incident is domestic related,” the tweet said. It wasn’t. On
Thursday night, Miami Beach Police finally released a narrative describing Pan’s death and
naming the man charged with killing her.

Police said that after Agustin Lucas Mariani’s romantic requests were spurned by Pan, he
waited for her at her Harding Avenue apartment in North Beach early Monday night. Police say
he became so enraged when she showed up and refused to invite him in that he killed her.

Then, according to a neighbor and witness, he ripped off his shirt and stabbed himself in the
upper chest. It didn’t kill him. Thursday, police charged Mariani with second-degree murder
while he was still in the hospital recovering.

According to a neighbor and friend of Pan’s, police said, “the defendant arrived at the victim’s
apartment, uninvited, and waited for the victim.” When Pan arrived, Mariani asked to talk to her
in her apartment. When she refused, the neighbor told police, “he produced a knife and without
being provoked began to stab the victim.”

Pan, a graphic designer who attended the University of Buenos Aires, moved to Miami Beach
two years ago, friends told Argentine media outlets. For the past several months she’s had a job
at the Lincoln Road restaurant, Kansas Bar & Grill, where Mariani also worked. It wasn’t
immediately clear what jobs the two had at the restaurant.

An online news site called Zyri said that Mariani was also from Argentina and that his LinkedIn

W (AACL) – MICHAEL A. AYELE 4

REQUEST FOR RECORDS 12/20/2021

page, which has been taken down, said he had completed a course at Aeronautical Professional
Training Institute after high school to become a cabin crew member. Friends and co-workers
told police that Mariani has been obsessed with her for several months, often professing his love
for her. And that out of fear, Pan declined his offers, gently, careful not to inflame him. On
Monday night, according to Mariani’s arrest report, the obsession turned lethal.

Police said Pan left work early for some reason on Monday, when she was scheduled to work
until 6 p.m. Mariani, the restaurant’s general manager told police, was scheduled to work a
double shift the same day, until 11:30 p.m. But, the manager said, he left shortly after Pan did.

One of Pan’s neighbors said Mariani showed up at her apartment in the 7300 block of Harding
Avenue before Pan got home. The neighbor told police that he witnessed the incident. When
police arrived, Mariani, stabbed and bleeding, was lying on top of Pan outside her apartment.

They were both rushed to the hospital, where Pan was declared dead. The scene was so
gruesome, that police who responded were given time off by the department to recover.

Police also believe they recovered a key piece of evidence. A knife that matched the description
of the one used to kill Pan was reported missing from the restaurant.

A co-worker of Pan’s told Today in 24 that Pan said she feared Mariani and that she had several
uncomfortable interactions with Mariani. “He worked with us. A super strange boy and nobody
knew anything about his life. He went to work and did not say hello to anyone,” Pan’s friend told
the media outlet. Police said Mariani refused to provide a statement and invoked his right to
keep silent before he was charged. Police said Pan’s neighbor identified him from a photo
lineup.

Police charge co-worker and ‘obsessed stalker’ in stabbing death of woman in Miami Beach,
Miami Herald:
https://www.miamiherald.com/news/local/crime/article256279117.html#storylink=cpy

iii Georgios Kakavelos, the owner of a Johnstown sandwich shop, not only called for the death of
his employee Allyzibeth Lamont, but participated in her murder, Kakavelos’ one-time co-
defendant, who admitted last week to murder in the case, told investigators early in their
investigation.

In a statement to investigators days after Lamont’s disappearance, James A. Duffy contended
Kakavelos told him he owed Lamont money and that “she was causing problems for him at the
labor board,” the written Duffy statement filed in court and obtained by The Daily Gazette
reads.

The statement went on to say the two then worked to plan the murder over the span of three days.

W (AACL) – MICHAEL A. AYELE 5

REQUEST FOR RECORDS 12/20/2021

They then went through with it the evening of Oct. 28, 2019 at Kakavelos’ Local Substation No.
9, Duffy attacking the 22-year-old Gloversville resident with a baseball bat, Kakavelos with a
garbage bag, the statement reads.

“George told me that when he goes back to where Ally was then, to get the bat and come and do
it,” Duffy’s statement read.

Duffy said he did it. Kakavelos then joined in with the bag, Duffy’s statement read.

Duffy’s statement is dated Oct. 31, 2019. He gave it to investigators after he led them around the
region to retrieve secreted key evidence in the case, including the baseball bat, and, ultimately,
to Lamont’s body, buried in a shallow grave off Exit 13 in Malta.

Both Duffy, 35, of Johnstown, and Kakavelos, 52, of Milton, were arrested within days of the
disappearance and discovery of Lamont’s body, and indicted early last year on charges that
included first-degree murder. The murder count included the possibility of life in prison without
parole, if convicted.

Duffy pleaded guilty in the case Friday to the lesser charge of second-degree murder. He is
expected to testify against Kakavelos at Kakavelos’ upcoming trial, set to begin with jury
selection next week, according to Kakavelos’ attorney Kevin K. O’Brien. In return, Duffy is
expected to get 18 years to life in prison, Kakavelos’ attorney said.

Saratoga County District Attorney Karen Heggen declined to comment on the case Monday.
Duffy’s attorney Andrew C. Blumenberg could not be reached for comment.

Asked about Duffy’s statement and plea on Monday, O’Brien called Duffy’s statements self-
serving and contended Duffy made multiple contradictory statements to investigators around
that time.

“They were very self-serving and, frankly, they just don’t line up with the evidence,” O’Brien
said of Duffy’s statements.

Kakavelos maintains his innocence in the case, as he has from the start, O’Brien said.

“He’s been waiting in jail to tell his version of events, to put forward his defense, for nearly two
years,” O’Brien said. “I’ve been with him throughout that process and he’s been steadfast in his
position.”

Lamont was last seen alive that Monday, Oct. 28, 2019, at about 8 p.m. on Townsend Avenue
near North Comrie Avenue in Johnstown, near where she worked at the Local Substation No. 9
sandwich shop in the Adirondack Plaza, authorities said at the start.

By the afternoon of Oct. 31, 2019, investigators had Duffy in for an interview as investigators
still did not know Lamont’s whereabouts or whether she was alive or dead. Johnstown sub shop

W (AACL) – MICHAEL A. AYELE 6

REQUEST FOR RECORDS 12/20/2021

owner had Allyzibeth Lamont killed over money he owed her, investigators told early on, The
Daily Gazette.: https://dailygazette.com/2021/05/03/johnstown-sub-shop-owner-had-allyzibeth-
lamont-killed-over-money-he-owed-her-investigators-told-early-on/

iv Unfair Immigration Related Employment Practices, Department of Justice (DOJ).:
https://www.justice.gov/crt/8-usc-1324b-unfair-immigration-related-employment-practices

v Pan, an Argentinian native, was an aspiring graphic designer, and had been living with a
childhood friend after moving to Miami Beach two years ago, friends told the Herald. Obsessed
Man Kills Co-Worker Who Refused to Him, Cops Say. Daily Beast.:
https://www.thedailybeast.com/obsessed-man-agustin-lucas-mariani-kills-co-worker-delfina-
pan-who-refused-to-date-him-cops-say

vi Femicide committed by someone without an intimate relationship with the victim is known as
non-intimate femicide, and femicide involving sexual aggression is sometimes referred to as
sexual femicide. Understanding and addressing violence against women, World Health
Organization (WHO).:
https://apps.who.int/iris/bitstream/handle/10665/77421/WHO_RHR_12.38_eng.pdf

vii Upstate New York Deli Owner Gets Life for Workplace Whistleblower’s Murder, Yahoo.:
https://www.yahoo.com/entertainment/upstate-york-deli-owner-gets-135800819.html

W (AACL) – MICHAEL A. AYELE 7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M St, N. E., Fifth Floor
Office of Legal Counsel Washington, D. C. 20507

March 25, 2022 Free: (833) 827-2920
ASL: (844) 234-5122
FAX: (202) 827-7545
Website: www.eeoc.gov

VIA: [email protected]

Michael Ayele (aka) W
ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES
P.O. Box 20438
Addis Ababa, ETHIOPIA 10013

Re: FOIA No.: 820-2022-003080
Communications between EEOC and FCHR

Dear Mr. Ayele (aka) W:

Your Freedom of Information Act (FOIA) request, received on 12/27/2021, is processed. Our search began
on 01/19/2022. The initial due date was extended by 10-business days per our correspondence dated
01/24/2022. All agency records in creation as of 09/24/2019 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] Granted in part and denied in part. Portions not released are withheld 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.

[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, 3 documents, totaling 30 pages, 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.

820-2022-003080

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 [email protected]; telephone at (202) 741-5770; toll free 1-877-684-6448; or facsimile
at (202) 741-5769.

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 [email protected],
telephone at (202) 921-2542; or fax at (202) 827-7545.

[X] 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 [email protected]; 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.

Sincerely,

Michael L. Heise
Assistant Legal Counsel (Acting)
[email protected]

Applicable Sections of the Freedom of Information Act, 5 U.S.C. § 552(b):

Exemption(s) Used:

[X] (3)(A)(i) [X] (5)
[X] Section 706(b) of Title VII [X] (7)(C)
[X] Section 709(e) of Title VII [X] (7)(E)
[X] Section 107 of the ADA
[X] Section 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 . . . .

2|P age

820-2022-003080

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.

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.

 Access to investigative files in which the issuance of your right to sue has long since
expired – Charge Nos. 28E-2014-00485 and 28E-2014-01070.

(b)(5)

Exemption 5 of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(5) (2016), as amended by the
FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, permits withholding documents that
reflect the analyses and recommendations of EEOC personnel generated for the purpose of advising the
agency of possible action. This exemption protects the agency's deliberative process, and allows
nondisclosure of "inter-agency or intra-agency memorandums or letters which would not be available to a
party other than an agency in litigation with the agency." 5 U.S.C. § 552(b)(5). The exemption covers
internal communications that are deliberative in nature. National Labor Relations Board v. Sears, Roebuck
& Co., 421 U.S. 132 (1975); Hinckley v. United States, 140 F.3d 277 (D.C. Cir. 1998); Mace v. EEOC, 37
F.Supp. 2d 1144 (E.D. Mo. 1999). The purpose of the deliberative process privilege is to "allow agencies
freely to explore alternative avenues of action and to engage in internal debates without fear of public
scrutiny." Missouri ex. rel. Shorr v. United States Corps of Eng'rs., 147 F.3d 708, 710 (8th Cir. 1998).

Records may be withheld under this exemption if they were prepared prior to an agency's decision, Wolfe
v. Department of Health and Human Services, 839 F.2d 768, 775, 776 (D.C. Cir. 1988) (en banc) and for
the purpose of assisting the agency decision maker. First Eastern Corp. v. Mainwaring, 21 F.3d 465,468
(D.C. Cir. 1994). See also, Greyson v. McKenna & Cuneo and EEOC, 879 F. Supp. 1065, 1068, 1069 (D.
Colo. 1995). Records may also be withheld to the extent they reflect "selective facts" compiled by the
agency to assist in the decision-making process. A. Michael's Piano, Inc. v. Federal Trade Commission,
18 F.3d 138 (2d Cir. 1994). An agency may also withhold records to the extent that they contain factual
information already obtained by a requester through prior disclosure. See Mapother, Nevas, et al. v. Dep’t
of Justice, 3 F.3d 1533 (D.C. Cir. 1993).

INFORMATION WITHHELD PURSUANT TO THE FIFTH EXEMPTION TO THE FOIA:

 Pre-decisional, deliberative content is withheld in one place on Document 3, page 029. This
information is a communication between EEOC staff the disclosure of which would cause a
chilling effect on the ability to EEOC employees to communicate candidly about internal
processes.

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(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:

 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.

(b)(7)(E)

Exemption (b)(7)(E) to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(7)(E) (2016), 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 ... [that] would disclose technique
and procedures for law enforcement investigations or prosecutions" and protects "guidelines for law
enforcement investigations or prosecutions if [their] disclosure could reasonably be expected to risk
circumvention of the law. This exemption "is not limited to documents created in connection with a criminal
investigation," and may be used to withhold law enforcement techniques and procedures used in civil
matters as well. Gordon v. F.B.I., 388 F. Supp. 2d 1028, 1036 (N.D. Cal. 2005).

INFORMATION WITHHELD PURSUANT TO EXEMPTION (7)(E) TO THE FOIA:

 Information is redacted in three places from Document 3, pages 029-030. If released, this
information could disclose this Agency’s technique and procedures for law enforcement
investigations, including the specificity of its District Complement plans.

Comments

This office’s response to your enumerated items in your request is as follows:

(1) Your request for “formal and informal ties existing between the EEOC, the FCHR, the City of Miami
Beach Human Relations Committee, and the Department of Homeland Security (DHS)” 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

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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

already available online, via EEOC’s public website. See the following link:

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.

(2) Your request for “[EEOC] communications about the City of Miami Beach Ordinance [No. 2013-3818]”
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).

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, 7(C), 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 “[EEOC] communications in the form of e-mails and postal correspondence between
the EEOC and the FCHR, which led up to the conclusion of the [FY 2020] MOU” is granted in part
and denied in part pursuant to the fifth and seventh exemptions to the FOIA. 5 U.S.C. §
552(b)(5) and (b)(7)(E).

The fifth exemption to the FOIA permits an agency to withhold information that is pre-decisional and
deliberative in nature. Disclosing the information would result in premature disclosure of the Agency’s
analysis, recommendations and opinions, and confidential communications between the client and
its attorneys, that could harm the interests of that Agency.

The seventh exemption, 7(E), permits the withholding of EEOC records or information that were
compiled for law enforcement purposes if the release of such records “… would disclose techniques
and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for
law enforcement investigations or prosecutions if such disclosure could reasonably be expected to
risk circumvention of the law.”

Please find the responsive information, 3 documents, totaling 30 pages, via EEOC’s FOIA Web
Portal.

(4) Your request for “[EEOC] communications about whether Delfina Pan was made aware by Kansas
Bar & Grill (her former employers) on her rights to file a complaint of employment discrimination
denouncing sexual harassment at the workplace” is 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 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.

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(5) Your request for copies of “the complaints filed by Delfina Pan with City of Miami Beach Human
Rights Committee denouncing sexual harassment at the workplace” is denied pursuant to the third
exemption to the FOIA. 5 U.S.C. § 552(b)(3)(A)(i). See item #4 above.

(6) Your request for “[information reflecting] the extent of the EEOC and the DHS knowledge on whether
the Kansas Bar & Grill restaurant complied with the ordinance of the City of Miami Beach” 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 item #2 above.

(7) Your request for “[EEOC] communications about whether a person working in the City of Miami
Beach, Florida, can file a complaint with the FCHR and the EEOC after having filed a complaint with
the City of Miami Beach Human Rights Committee” 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 item #2 above.

(8) Your request for “[EEOC] communications about the murder of Delfina Pan being related to her
previous employment with the Kansas Bar & Grill restaurant” is denied pursuant to the third
exemption to the FOIA. 5 U.S.C. § 552(b)(3)(A)(i). See #4 above.

(9) Your request for copies of “the policy(ies) adopted by the EEOC in circumstances where a person is
murdered as a direct consequence of her/his previous employment” is procedurally denied. No
records exist.

(10) Your request for “the policy(ies) adopted by the DHS in circumstances where an immigrant is
murdered as a direct consequence of her/his previous employment” 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:

DHS Privacy Office, Mail Stop 0655
Department of Homeland Security
2707 Martin Luther King Jr. Ave SE
Washington, DC 20528-065

Email: [email protected]
Online: https://foiarequest.dhs.gov/

The above FOIA information was found via DHS’s public website at the following link:
https://www.dhs.gov/foia-contact-information.

(11) Your request for “the wishes of Delfina Pan in terms of what she wanted in the event she died in the
United States of America (U.S.A.)” is procedurally denied. No records exist.

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

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M St, N. E., Fifth Floor
Washington, D. C. 20507
Office of Legal Counsel
Free: (833) 827-2920
January 13, 2022 TTY: (202) 663-6056

FAX: (202) 663-7026
Website: www.eeoc.gov

VIA: [email protected]

Michael Ayele (aka) W
ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES
P.O. Box 20438
Addis Ababa, ETHIOPIA 10013

Re: FOIA No.: 820-2022-002785
Ties between EEOC and/or DHS and/or FCHR and/or New York State DOL

Dear Mr. Ayele (aka) W:

Your Freedom of Information Act (FOIA) request, received on 12/15/2021, is processed. Our search began
on 12/16/2021. The initial due date was extended by 10-business days per our correspondence dated
01/10/2022. All agency records in creation as of 12/15/2021 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
explanation of the use of these exemptions appears below.

[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 (3 documents) 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 [email protected]; telephone at (202) 741-5770; toll free 1-877-684-6448; or facsimile
at (202) 741-5769.

820-2022-002785 

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 [email protected],
telephone at (202) 921-2542; or fax at (202) 653-6034.

[X] 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 [email protected]; online at
https://eeoc.arkcase.com/foia/portal/login, or fax at (202) 653-6034. Your appeal will be governed
by 29 C.F.R. § 1610.11.

Sincerely,

Michael L. Heise
Assistant Legal Counsel (Acting)
[email protected]

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

[X] (b)(7)(C)

For a full description of the exemption codes used please find them at the following URL:
https://www.eeoc.gov/foia/freedom-information-act-reference-guide

Exemption 3 to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(3)(A)(i) (2009), as amended by
the FOIA Improvement Act of 2016, 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

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submit records] prior to the institution of any proceeding under this title involving such
information.

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 privileged charge information, if any exist: EEOC can neither confirm nor deny the
existence, or non-existence, of any Title VII charges filed by an individual against an entity 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) (2007), as amended
by the FOIA Improvement Act of 2016, 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 Dept. 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).

INFORMATION WITHHELD PURSUANT TO THE SEVENTH EXEMPTION TO THE FOIA:

Access to privileged charge information, if any exist: EEOC can neither confirm nor deny the
existence, or nonexistence, of pending Equal Pay Act (EPA) charges, filed by an individual against
an entity, or access to any EPA charges, 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 Equal Employment Opportunity
Commission (EEOC), the Department of Homeland Security (DHS), the Department of Justice (DOJ),
and the New York State Department of Labor,” 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.

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The EEOC enforces federal laws prohibiting employment discrimination, by an employer; such as a
state employer, against a job applicant or an employee. The requested information is already available
online, via EEOC’s public website. See the following link: https://www.eeoc.gov/employers.

2. Your request for “the agreements of cooperation concluded between the EEOC and the DHS not to
retaliate upon first-generation immigrants of the United States of America (U.S.A.) who make the brave
decision to file a charge of employment discrimination pursuant to Title VII of the 1964 and 1991 Civil
Rights Act” is granted.

The agreement is already publicly available on the Commission’s public website. See
https://www.eeoc.gov/interagency-working-group-consistent-enforcement-federal-labor-employment-
and-immigration-laws-2.

3. Your request for “the agreements of cooperation concluded between the DOJ and the DHS not to
retaliate upon first-generation immigrants of the U.S.A. who make the brave decision to file a charge of
employmentdiscrimination pursuant to the provision of the Immigration and Nationality Act (INA), 8
U.S.C Section 1324b,” 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
Delfina Pan as a 28-year old woman from Argentina, South America, who had moved to the U.S.A. in
2019” 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
Delfina Pan as a woman who had attended the University of Buenos Aires in Argentina before her
arrival in the U.S.A.” 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
Delfina Pan as a woman, described by several news outlets as a graphic designer and an aspiring
graphic designer by profession,” 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
Delfina Pan as a woman who had been working at the Lincoln Road restaurant, Kansas Bar & Grill, in
Miami Beach, Florida, for many months before her murder” is procedurally denied. No records exist
within the EEOC.

8. Your request for “[EEOC] communications in the form of e-mails and postal correspondence about
Delfina Pan as a woman who had met Augustin Lucas Mariani during her employment at the Lincoln
Road restaurant, Kansas Bar & Grill,” 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
Delfina Pan as a woman who was sexually harassed during her employment by Augustin Lucas
Mariani, also employed at the Lincoln Road restaurant, Kansas Bar & Grill,” is procedurally denied.
No records exist within the EEOC.

10. Your request for “[EEOC] communications in the form of e-mails and postal correspondence about
Delfina Pan as a woman who had constantly rejected the sexual advances of Augustin Lucas Mariani
during her employment at the Lincoln Road restaurant, Kansas Bar & Grill,” is procedurally denied. No
records exist within the EEOC.

11. Your request for “[EEOC’s] formal and informal ties with the Lincoln Road restaurant, Kansas Bar &
Grill,” 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).

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.

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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 can neither confirm nor deny the existence, or non-existence, of open ADEA and
EPA charges. 29 C.F.R. § 1610.17(g).

12. Your request for “the obligations incurred by the Lincoln Road restaurant, Kansas Bar & Grill, since the
murder of Delfina Pan” is procedurally denied. No records exist within the EEOC.

13. Your request for “the extent of the EEOC, the DHS, and the DOJ, interest in the Lincoln Road
restaurant, Kansas Bar & Grill,” 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).

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 can neither confirm nor deny the existence, or non-existence, of open ADEA and
EPA charges. 29 C.F.R. § 1610.17(g).

14. Your request for “directives issued by the EEOC, the DHS, and the DOJ, requiring the Lincoln Road
restaurant, Kansas Bar & Grill, to inform their current and prospective employees about their rights
pursuant to Title VII of the 1964 Civil Rights Act and the anti-discrimination provision of the INA” 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).

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 can neither confirm nor deny the existence, or non-existence, of open ADEA and
EPA charges. 29 C.F.R. § 1610.17(g).

15. Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the
misleading Tweet posted by the Miami Beach Police indicating that the murder of Delfina Pan was
domestic related” is procedurally denied. No records exist within the EEOC.

16. Your request for “[EEOC] communications in the form of e-mails and postal correspondence about
femicide” 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
World Health Organization’s (WHO) definition of femicide as the intentional murder of women because
they are women” is procedurally denied. No records exist within the EEOC.

17b.Your request for “[EEOC’s] formal and informal ties with the Miami Beach Police and the WHO” 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
Delfina Pan as a woman who may have been fearful of reporting the sexual harassment she endured
as an employee of the Lincoln Road restaurant, KansasBar & Grill, to the Florida Commission on
Human Relations (FCHR)” is procedurally denied. No records exist within the EEOC.

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19. Your request for “[EEOC] communications in the form of e-mails and postal correspondence about
Delfina Pan as a woman who may not have come into contact with a legal representative of the FHCR
during her employment at Lincoln Road restaurant, Kansas Bar & Grill,” is procedurally denied. No
records exist within the EEOC.

20. Your request for “formal and informal ties existing between the EEOC and the FCHR” is granted.

The EEOC enforces federal laws prohibiting employment discrimination, by an employer; such as a
state or county employer, against a job applicant or an employee. The requested information is already
available online, via EEOC’s public website. See the following link: https://www.eeoc.gov/employers.

The EEOC works with the Fair Employment Practice Agencies (FEPAs) to manage charges of
employment discrimination. The EEOC contracts with the FCHR to process alleged discrimination
charges under state and local laws prohibiting employment discrimination as well as the federal laws
enforced by the EEOC. See the following link: https://www.eeoc.gov/fact-sheet-eeoc-and-fepa-data-
sharing.

21. Your request for “the [workshare] agreements of cooperation concluded between the EEOC and the
FCHR” is granted.

Please find one workshare agreement, along with two (2) extensions, online via EEOC’s FOIA Web
Portal.

22. Your request for “[EEOC] communications in the form of e-mails and postal correspondence about
Allyzibeth Lamont as a 22-year old Caucasian woman who was employed in a New York deli owned
and operated by Georgios Kakavelos” 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 the
decision of Allyzibeth Lamont to file a charge of employment discrimination against Georgios Kakavelos
with the New York State Department of Labor” is procedurally denied. No records exist within the
EEOC.

24. Your request for “[a copy of] the complaint filed by Allyzibeth Lamont against Georgios Kakavelos with
the New York State Department of Labor” is procedurally denied. No records exist within the EEOC.

25. Your request for “the paper-copies of the investigation launched by the New York State Department of
Labor following the complaint filed by Allyzibeth Lamont against Georgios Kakavelos” 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
murder of Allyzibeth Lamont by James Duffy and Georgio Kakavelos” 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
Allyzibeth Lamont as a woman who was retaliated upon following her decision to file a complaint with
the New York State Department of Labor” 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 New York State Labor Commissioner Roberta Reardon to write a letter addressed to
Saratoga County Judge James A. Murphy III asking him to impose a sentence that would discourage
other employers to retaliate against employees who file a charge of employment discrimination” is
procedurally denied. No records exist within the EEOC.

29. Your request for “[a copy of] the letter written by Roberta Reardon addressed to James A. Murphy III
on behalf of Allyzibeth Lamont” is procedurally denied. No records exist within the EEOC.

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820-2022-002785 

30. Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the
sentencing of Georgios Kakavelos to life in prison without the possibility of parole on November 30,
2021,” is procedurally denied. No records exist within the EEOC.

This response was prepared by Joanne Murray, Government Information Specialist, who may be via phone
to (202) 921-2541.

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