Showing 4 posts in Subpoena.

Knock-Knock, Who’s There? The EEOC: When the EEOC’s can Investigate an Employer’s Premises Without Prior Consent

When the EEOC investigates a charge of discrimination, it may employ one of several investigatory methods, including site inspections.  In EEOC v. Nucor Steel Gallatin, Inc., a case of national first impression, a Kentucky district court considered whether to enforce a subpoena requiring the employer to provide on-site access to conduct witness interviews, examine the facility, and obtain additional information relating to the position the complainant applied for, or alternatively, to require the EEOC to obtain an administrative warrant.   More ›

11th Circuit: The EEOC can't Always get what it Wants

The 11th Circuit Court of Appeals recently shouted down the EEOC's broad subpoena powers when it held that the Commission wasn't entitled to hiring and firing information relating to Royal Caribbean's workers and job applicants who were not U.S. citizens, because that information had no bearing on the charge before the EEOC.

In 2010, Jose Morabito, an Argentinean national who was employed by Royal Caribbean as an assistant waiter on one of its cruise ships, filed a charge of discrimination with the EEOC.  In his charge, Mr. Morabito claimed Royal Caribbean violated the ADA when it failed to renew his employment contract after he was diagnosed with a medical condition.  Royal Caribbean responded to the charge by arguing (1) that the ADA was not applicable because Mr. Morabito was a foreign national who was employed on a ship flying the flag of the Bahamas, and (2) that, because Royal Caribbean ships are registered under the laws of the Bahamas, Royal Caribbean was required to follow the Bahamas Maritime Authority ("BMA") medical standards for seafarers, which disqualified Mr. Morabito from duty.  More ›

Seventh Circuit: Failure to Object to EEOC Subpoena Within five Business days Waives any Future Objection

Addressing an issue of first impression for a federal appellate court, the Seventh Circuit Court of Appeals has ruled that, in order to object to an EEOC subpoena based on irrelevance or overbreadth, an employer must file a petition within five business days of first receiving the subpoena – if no such timely petition is filed, any later attempts to avoid responding are waived. This decision eliminates what had previously been an alternative theory relied upon by some employers: that an initial failure to file an objecting petition could be remedied by filing a motion to dismiss in federal court when the EEOC seeks to enforce the subpoena. Going forward, therefore, employers that receive an EEOC subpoena which they find to be overly burdensome or irrelevant must file a petition within the 5-day period set forth in EEOC regulations. If that opportunity is missed, any future efforts by the employer to avoid responding will be denied. More ›

Tenth Circuit Agrees with Employer: EEOC Subpoena Too Overbroad

Two separate individuals filed discrimination charges pursuant to the Americans with Disabilities Act (“ADA”) with the Equal Employment Opportunity Commission (“EEOC”) against an employer alleging discrimination based on a perceived disability after they were not hired following a conditional offer of employment and a medical screening procedure. More ›