United States Ninth Circuit

In an employment discrimination case, a decision to enforce an Equal Employment Opportunity Commission (EEOC) subpoena seeking company-wide data is affirmed where: 1) subpoena compliance was not moot due to either the complaining employee having joined a private suit or defendant having complied with an identical subpoena in a separate EEOC investigation; 2) the EEOC retains the authority to issue subpoenas on an employer after issuing a right to sue notice allowing private suit; and 3) the EEOC has jurisdiction to see company-wide data when an individual charges systematic discrimination.

Appellate Information

• Argued 06/13/2008
• Decided 09/10/2008
• Published 09/10/2008

Judges

• TASHIMA, Circuit Judge:, Before:  A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Laura Ann Giantris, McGuiness Norris & Williams, Washington, DC, for amici curiae The Chamber of Commerce of the United States of America, and Equal Employment Advisory Council.


• For Appellees:
  
• Frederick L. Douglas, Memphis, TN, for the defendant-appellant., Susan R. Oxford and Anne Noel Occhialino, Equal Employment Opportunity Commission, Washington, DC, for the plaintiff-appellee.