By Gerald L. Maatman Jr. and Howard M. Wexler

As we noted in our EEOC Fiscal Year 2014 Scorecard, the EEOC has been steadily increasing its use of its subpoena power to gather as much information as possible from employers prior to filing suit. In fact, in FY 2014, the EEOC prosecuted 24 subpoena actions versus the 17
Continue Reading Eleventh Circuit Refuses To Enforce EEOC’s Broad Subpoena

By Gerald L. Maatman, Jr. and Jason J. Englund

As we have blogged previously, the EEOC is increasingly wielding its subpoena power in pre-lawsuit investigations and subpoena enforcement proceedings to conduct expansive, nationwide investigations. While courts traditionally have given the EEOC wide latitude in exercising its subpoena power, in recent years numerous courts have curbed the EEOC’s efforts to push
Continue Reading After The Charge Has Gone: Court Gives EEOC Free Reign To Press Systemic Investigation Even After Charging Party Withdraws

By Christopher DeGroff and Michael Fleischer

A Win For Transparency

Yesterday, in the U.S. District Court for the District of Massachusetts, the Court turned the tables on the EEOC on a controversial subpoena issue. The EEOC has traditionally used broad subpoenas attempting to extract sensitive and expansive information from employers in cases around the country. (Click here and here to
Continue Reading What’s Good For The Goose … Court Turns Table On EEOC In Subpoena Ruling

By Christopher DeGroff and Reema Kapur

Unannounced, FBI-like raids. Unauthorized and abusive search and seizure tactics. Illegal confiscation of files. Intimidation. And more… The EEOC has clearly turned up the heat in its investigation tactics. But at least one Judge has had enough.

In a scathing 37 page opinion issued in EEOC v. Homenurse, Inc., No. 13-CV-2927 (N.D. Ga. Sept.
Continue Reading Office Crashers: Another Court Reigns In EEOC Subpoena Authority Run Amok

eeocseal.jpgBy Pamela Q. Devata, Gerald L. Maatman, Jr., Jennifer A. Riley, and David J. Rowland

On January 28, 2013, Judge Patricia A. Gaughan of the U.S. District Court for the Northern District of Ohio granted summary judgment to the defense in EEOC v. Kaplan Higher Education Corp, et al., No. 10-CV-2882, 2013 U.S. Dist. LEXIS 11722 (N.D.

Continue Reading EEOC Cannot Prove Disparate Impact Claim As Court Throws Cold Water On Its “Race-Rating” Theory

EEOC_FrontCover_Thumb resized.jpgBy Christopher DeGroff and Gerald L. Maatman, Jr.

Calling all loyal readers of our blog – our annual EEOC litigation study is here: the launch of our book entitled EEOC-Initiated Litigation: Case Law Developments In 2012 And Trends To Watch For In 2013.

This publication is what we hope you will agree is a definitive source of information that

Continue Reading The Top 5 Most Intriguing Decisions In EEOC Cases Of 2012

District_of_Arizona_District_Court.pngBy Courtney Bohl and Laura J. Maechtlen

On November 19, 2012, in EEOC v. McLane Company, Inc., No. 12-CV-02469 (D. Ariz. Nov. 19, 2012), Judge G. Murray Snow of the U.S. District Court for the District of Arizona held that the EEOC’s authority to investigate charges of discrimination is not unlimited. Judge Snow denied the EEOC’s application to enforce portions

Continue Reading Court Limits The EEOC’s Investigative Power By Finding That The EEOC Is Not Entitled to “Unconstrained Investigative Authority”

edpa.gifBy Christopher DeGroff and Gerald L. Maatman, Jr.

It is a common occurrence when litigating against the EEOC to face controversies concerning the scope of discovery in administrative investigations. After all, discovery can help the EEOC put together the building blocks of its case. Increasingly, the Commission resorts to its subpoena power to launch broad-scale discovery in its administrative investigations.

Continue Reading Court Reinforces The EEOC’s Subpoena Power, But Prohibits The Agency From Disclosing Confidential Information

3rd_Circuit_seal.jpgBy Gerald L. Maatman, Jr. and Jennifer Riley

On September 14, 2012, the U.S. Court of Appeals for the Third Circuit issued another opinion in EEOC v. Kronos, Inc., No. 2:09-MC-00079 (3d Cir. Sept. 14, 2012) (“Kronos II”), addressing an ongoing controversy concerning the scope of the EEOC’s subpoena power. (Click here for our previous post on this

Continue Reading Third Circuit Reaffirms EEOC’s Broad Subpoena Power In Mixed Ruling For Employers

240px-EDKY_seal.gifBy Christopher DeGroff and Gerald L. Maatman, Jr.

On June 26, 2012, a federal district court judge in Kentucky again denied enforcement of an EEOC subpoena that requested information from Nestle Prepared Foods regarding a discrimination charge. This second decision comes on the heels of the Court’s earlier denial of the EEOC’s motion to enforce the subpoena due to lack

Continue Reading Court Curbs Long Investigatory Arm of the EEOC – Twice