Employers Can Rest A Bit Easier: EEOC Subpoena Power Does Have Limits

In a decision issued on February 27, 2017, the Tenth Circuit Court of Appeals, the federal appellate court with jurisdiction over Utah, ruled that an employer justifiably refused to comply with an EEOC subpoena that sought information in an investigation into company-wide discrimination spurred by what the EEOC alleged was a company’s admission of wrongdoing in an individual’s pregnancy and disability discrimination claims.  In EEOC v. Tricore Reference Laboratories, the court held that it was not enough that the EEOC noted in a letter during the investigation of the underlying charge that it intended to broadened the investigation into other potential violations, the EEOC could only investigate the violation that was actually charged.

Although this case does give some restraints to the EEOC’s investigative powers, the court’s decision is very limited in application and still recognizes the broad investigative powers of the EEOC.  In fact, the opinion notes many instances where the EEOC may have prevailed had it made different arguments to the district and appellate courts.