11th Circ. Order Could Chip Away At EEOC's Subpoena Power

Monday, May 15, 2023

Debra Friedman was quoted in Law360 discussing a recent decision by a three-judge panel in the Eleventh Circuit that has raised concerns about the U.S. Equal Employment Opportunity Commission's (EEOC) authority to conduct investigations. The Eleventh Circuit's decision makes clear that employers can push back if they think the commission is stepping out of bounds, said Debbie. "This case is a reminder that employers can challenge what they deem to be fishing expeditions by the EEOC. The key takeaway is that the EEOC's enforcement powers, with respect to subpoenas, are limited to the charge that's under investigation," she said.

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