Eighth Circuit Enforces EEOC Subpoena Based On Facially Defective Charge

The EEOC continues to push the limits of its subpoena authority across the country in various systemic investigations, and no doubt will be further emboldened by its recent victory in EEOC v. Schwan’s Home Services, No. 10-3022 (8th Cir. July 13, 2011).This terse 8-page decision addresses a number of subpoena-related issues, all of which were decided in the EEOC’s favor. To that end, it ought to be required reading for corporate counsel and HR managers dealing with EEOC systemic investigations.

In this case, Kim Milliren filed a discrimination charge in 2007 against Schwan's Home Services ("SHS") claiming that she was harassed, demoted, and ultimately lost her job because of her gender. In particular, Milliren claimed she was not promoted to Local General Manager, even though she had completed the required General Manager Development Program (“GMDP”). 

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