Questions Presented
1. Whether the Seventh Circuit erred by holding, in conflict with decisions of the Fifth Circuit, that the EEOC may enforce a subpoena after the charging employee has initiated litigation, and even after the charging employee’s claim has been adjudicated meritless in court.
2. Whether the Seventh Circuit erred by holding, in conflict with decisions of the Tenth and Eleventh Circuits, that a charge alleging only individual discrimination permits the EEOC to subpoena nationwide information about suspected discrimination against other employees in other employment practices.
Case Updates
Cert. petition denied
June 25, 2018
U.S. Chamber urges Supreme Court to grant cert. to resolve conflict over the EEOC’s authority to investigate after the agency has concluded any conciliation, declined to file a civil action, and left litigation to the individual complainant
March 26, 2018
Click here to view the amicus brief filed by the U.S. Chamber and the Center for Workplace Compliance.
Rae T. Vann of NT Lakis, LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Cert Petition Union Pacific Railroad Co v EEOC U S Supreme Court
- U.S. Chamber and Center for Workplace Compliance Amicus Brief -- Union Pacific Railroad Co. v. EEOC (U.S. Supreme Court).pdf