Court Enforces EEOC Administrative Subpoenas Against FedEx

A FedEx employee filed an EEOC complaint that the Company?s basic skills test had a disparate impact on African-Americans and Latinos.?? ?The employee asked for and received a right-to-sue notice, but the EEOC decided to continue its own investigation into the charge.?? ?It issued a subpoena to FedEx to which the Company did not ?respond.???? The ?EEOC ?filed ?an ?action ?to enforce ?the ?subpoena ?in ?district ?court.???? The EEOC prevailed and FedEx appealed. ?The Ninth Circuit affirmed.? ?The court rejected FedEx?s arguments that (1) the subpoena was moot because it had complied with an identical subpoena in another case; (2) the EEOC?s subpoena? power? terminates? when? it? issues? a right-to-sue letter; and (3) the subpoena sought irrelevant information by asking for class information in an individual case. ?In finding the EEOC had continued subpoena power even after the issuance of a right-to-sue letter, the Ninth Circuit rejected contrary Fifth Circuit precedent.?EEOC v. Fed. Express Corp., No. 06-16864 (9thCir. 9/10/08) (Tashima, McKeown, Gould).