WELA Alert: U.S. Supreme Court Will Decide Standard of Review for Enforcement of EEOC Subpoenas

The EEOC sought information concerning the company?s use of the test and individuals who were required to take it. The employer refused to provide personally identifying information about the individuals required to take the test and the reason for termination for test-takers who were terminated. The district court refused to order the employer produce the disputed information. The Ninth Circuit reversed, noting the limited oversight Congress gave courts regarding EEOC subpoenas. As long as the EEOC follows proper procedures in a case it has authority to investigate, the standard is relevance and materiality.

McLane Co. v. EEOC, 137 S. Ct. —- (9/29/16).