EEOC's Subpoena Thwarted, Despite Supposedly Time-Barred Response

The EEOC routinely claims that its subpoena power is extremely broad and vigorously resists any attempt to reign in that power. Some Courts share that belief, and have allowed the EEOC to cast a broad net for information, even when the charge allegations that the government is investigating are narrow. Our previous posts have noted that trend.

In EEOC v. Loyola University Medical Center, Case No. 11-CV-4456 (N.D. Ill. Oct. 13, 2011), however, Judge Charles Kocoras of the U.S. District Court for the Northern District of Illinois took a hard line with the EEOC, limiting the amount of information it could obtain via a subpoena stemming from an administrative investigation. The ruling is well worth a read by corporate counsel and HR professionals who deal with EEOC investigations. 

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