Tenth Circuit Rejects EEOC's Overreaching ADA Pattern Or Practice Subpoena

Rulings over EEOC administrative enforcement subpoenas are increasing. It’s a manifestation of the EEOC's aggressive strategy in expanding systemic investigations, and of employers resisting those efforts.

On February 27, the U.S. Court of Appeals for the Tenth Circuit upheld a District Court’s refusal to enforce an overly broad administrative subpoena issued by the EEOC. EEOC v. Burlington N. Santa Fe Ry. Co., Case No. 11-1121 (10th Cir. Feb. 27, 2012). The case involved two charges asserting Americans With Disabilities Act ("ADA") claims by individuals in Colorado against Burlington Northern Santa Fe Railway Co. (“BNSF”) after they were rejected for employment based on a medical examination. Id. at 2.

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