Subpoena Enforcement Action brought by the Equal Employment Opportunity Commission

Successfully defended national retail company in subpoena enforcement action brought by the Equal Employment Opportunity Commission ("EEOC"). Agreeing that the EEOC exceeded its investigative authority when it sought to turn a single-plaintiff retaliation charge into a nationwide investigation of discriminatory recruiting and hiring practices, the court severely limited the categories of information demanded by the EEOC. Also sucessfully obtained a protective order prohibiting the EEOC from filing excerpts from our client's confidential materials in the public record. Importantly, the court rejected the EEOC’s reading of its statutory nondisclosure obligations on the ground that such an interpretation would unfairly allow the EEOC to embarrass an employer such as our client who rightfully refuses to comply with an overbroad subpoena.

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