EEOC v. Eberspaecher North American Inc., No. 21-13799 (11th Cir. May 10, 2023)

The EEOC’s investigatory powers are limited to the scope of a valid charge.

The EEOC issued an employment discrimination charge to a car components manufacturer. In its charge, the EEOC stated the specific address for only one of the manufacturer’s seven facilities. The EEOC asked for information relating to each of the manufacturer’s seven facilities, which the manufacturer refused to provide. The district court, as affirmed by the Eleventh Circuit, found that the EEOC subpoena of information should be limited to only the one facility, the one included in the charge. 

This decision reminds counsel to thoroughly examine any EEOC charge for its scope prior to responding to any requests for information or subpoenas from the EEOC, because it is not automatic that the EEOC should receive all the information it requests from a business charged with an employment infraction.
 

 

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