Analysis

Justices' EEOC Subpoena Ruling Ups Ante At Trial Court

Law360, New York (April 3, 2017, 8:48 PM EDT) -- The U.S. Supreme Court's ruling Monday that decisions to enforce or quash U.S. Equal Employment Opportunity Commission subpoenas can't be evaluated from square one on appeal makes it less likely that such rulings will be challenged, attorneys say, upping the stakes in district court battles over the agency's information requests.

In a 7-1 decision, the high court 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...

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