Alaska Employment Law

The 9th Circuit this morning, per Judge Tashima, has held that the EEOC may continue to subpoena documents from an employer even after the issuance of a Right to Sue letter.   

We consider three issues pertaining to Federal Express Corporation’s (”FedEx”) refusal to comply with an administrative subpoena issued by the Equal Employment Opportunity Commission (”EEOC” or “Commission”). First, we consider whether FedEx’s compliance with an administrative subpoena in another case, which resulted in FedEx providing the EEOC with the same information that the EEOC seeks to compel in this case, moots this appeal. We hold that it does not. Second, we consider, as a matter of first impression, whether the EEOC retains the authority to issue an administrative subpoena against an employer after a charging party has been issued a right-to-sue notice and instituted a private action. We hold that the EEOC does. Third and finally, we consider whether the EEOC subpoena in this case, which does not seek direct evidence of discrimination, but instead, seeks general employment files in order to help the EEOC draft future information requests, seeks evidence “relevant” to a charge of systemic discrimination. We hold that it does. In light of these holdings, we affirm the district court’s decision to enforce the administrative subpoena.

EEOC v. Federal Express Corp., 2008 WL _______ (9th Cir. Sept. 10, 2008)

09/11/09 postscript: Paul Mollica at Daily Developments in EEO Law has more.