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McLane v. EEOC (US 2017)

Articles Discussing Case:

Supreme Court Rules on EEOC Subpoena Standard of Review

XpertHR • April 06, 2017
The Supreme Court has ruled on a case that initially challenged the breadth of an Equal Employment Opportunity Commission (EEOC) administrative subpoena. The McLane Co., Inc., v. Equal Employment Opportunity Commission decision aligns the 9th Circuit Court of Appeals' standard of review for EEOC subpoenas with that of the other circuits. The ruling was welcomed by employer groups that have expressed concern regarding possible EEOC overreach during investigations.

Supreme Court Holds Deferential Standard is Appropriate for EEOC Subpoena Reviews

Franczek Radelet P.C • April 05, 2017
Under Title VII, the Equal Employment Opportunity Commission (EEOC) has the authority to issue subpoenas for documents relevant to its investigations. Prior to the Supreme Court’s decision in McLane Co. v. EEOC, which issued yesterday, all but one federal circuit applied a deferential standard to district court decisions on the enforcement of EEOC subpoenas.

Supreme Court Limits EEOC Subpoena Power

Fisher Phillips • April 04, 2017
In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By requiring that lower court rulings should be reviewed for abuse of discretion, rather than under a de novo review standard, the Supreme Court’s decision keeps a more sensible, reasonable limit on the EEOC’s investigatory powers, including the scope of requests for information in administrative subpoenas.

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