High Court Wants Light Touch On EEOC Subpoena Reviews

Law360, New York (April 3, 2017, 10:27 AM EDT) -- The U.S. Supreme Court ruled Monday that appellate courts should use a deferential standard to review trial courts' decisions on whether to enforce U.S. Equal Employment Opportunity Commission subpoenas, and ordered the Ninth Circuit to revisit whether grocery distributor McLane Co. Inc. must turn over workers' personally identifiable information.

In a 7-1 decision, the justices vacated a Ninth Circuit ruling that the EEOC can force companies to hand over personally identifiable information about employees, known as "pedigree information," in the course of an investigation. In reaching its conclusion, the appellate court had used a so-called de novo standard of review to...

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