Court Holds That 4th Amendment Applies To The Government's Enforcement Litigation Tactics During A Workplace Bias Investigation

The Fourth Amendment to the U.S. Constitution guarantees the “right of the people to be secure in their persons, houses, paper, and effects against unreasonable searches and seizures,” and provides that no warrant shall issue with probable cause. In a recent decision in Bank of America v. Hilsa L. Solis, 1:09-CV-2009 (D.D.C. December 13, 2011), the Court extended these protections to an Office of Federal Contract Compliance request for documents during an investigation into an employer’s employment practices under Executive Order No. 11246. The ruling underscores the stakes - and considerable legal issues - underlying governmental workplace enforcement actions.

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