EEOC v. Federal Express Corporation

Case Updates

Click here to view the Chamber's amicus letter.

Disagreeing with NCLC, the Ninth Circuit held that the EEOC may issue an administrative subpoena to an employer charged with discrimination even after the EEOC has issued a right to sue letter and the charging party has sued.

In its first brief, NCLC urged the Ninth Circuit to overturn a district court decision enforcing an EEOC subpoena that seeks detailed information on all computerized files maintained by Federal Express. The computerized files contain data on personnel activity (including information on applicants, hiring, promotions, testing, discipline, evaluations, demotions, employment history, pay, work assignments, training, transfers, terminations, etc.). NCLC argued that the EEOC’s authority to further investigate the charge at issue was foreclosed when the charging party intervened in a private class action lawsuit advancing the same claims raised in his charge.