Court Reinforces The EEOC's Subpoena Power, But Prohibits The Agency From Disclosing Confidential Information

It is a common occurrence when litigating against the EEOC to face controversies concerning the scope of discovery in administrative investigations. After all, discovery can help the EEOC put together the building blocks of its case. Increasingly, the Commission resorts to its subpoena power to launch broad-scale discovery in its administrative investigations. That is why defense counsel in EEOC v. Farmer’s Pride, Inc., 12-MC-148 (E.D. Pa. Oct 31, 2012), vehemently opposed the EEOC’s broad discovery requests and challenged the reach of the agency’s subpoena power.

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