Expanding EEOC Subpoena Power

Law360, New York (December 1, 2009, 3:53 PM EST) -- The EEOC obtained a recent appellate victory — in EEOC v. UPS Inc., No. 08-5348, 2009 U.S. App. LEXIS 25395 (2d Cir. Nov. 19, 2009) — which significantly strengthens its ability to investigate employer practices on a nationwide basis. This article reviews the new ruling and its implications.

Background: The EEOC’s Subpoena Power

To accomplish its stated goal of investigating and eliminating workplace discrimination, the EEOC has a number of fact-finding tools at its disposal: informal requests for information, independent interviews, employer-submitted position statements to name...
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