EEOC v. Schwan's Home Service

NCLC urged the Eighth Circuit to block an overly broad subpoena requiring a food delivery company to provide the EEOC with extensive information about the company's management training program. In this case, an employee participating in a management training program complained about allegedly offensive e-mails. After being told that she did not possess the leadership skills to complete the management training program on time, the employee filed a gender discrimination claim with the EEOC. In its brief, NCLC argued that the discrimination charge did not comport with the Title VII requirements for a valid charge, and that the EEOC may not use a subpoena to obtain information not related to the charging party's claims. NCLC warned that the use of subpoenas deprives employers of the opportunity to adequately respond to a charge.

The Eighth Circuit affirmed a district court's holding that the EEOC may enforce an administrative subpoena not predicated on a valid charge of discrimination, and also that the EEOC may demand, through a subpoena enforcement action, information that is not relevant to the charging party's claims. In its brief, NCLC argued that the discrimination charge did not comport with the Title VII requirements for a valid charge, and that the EEOC should not be able to use a subpoena to obtain information unrelated to the charging party's claims. NCLC warned that the use of overly broad subpoenas deprives employers of the opportunity to adequately respond to a charge of discrimination.

Amicus brief filed 11/10/10.  Decision 7/13/11.