The U.S. Court of Appeals for the Fourth Circuit has ruled that the Equal Employment Opportunity Commission (EEOC) can investigate charges of discrimination on behalf of a group of undocumented workers even though they may not be entitled to certain legal remedies, and that a subpoena issued by the agency demanding information from their employer is enforceable.
The decision by the appeals court in EEOC v. Maritime Autowash, Inc., No. 15-1947 (4th Cir. April 25, 2016), offers an interesting insight both into the EEOC’s current investigatory focus on protecting vulnerable low-income immigrant and migrant workers, as well as the risks and difficulties associated with fighting an EEOC subpoena.
While an employer certainly has the right to challenge the EEOC’s investigation tactics when appropriate, failure to cooperate when the agency asks for information that has some relevance to the charge of discrimination being investigated can produce a broadly worded opinion (as in this case) that arguably allows the agency to continue an investigation even where the charging party clearly has no legitimate discrimination claim.
A copy of the Fourth Circuit’s decision in EEOC v. Maritime Autowash, Inc. is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.