U.S. Supreme Court,
Labor/Employment
Apr. 27, 2017
Good for employers: Title VII ruling brings 9th Circuit in line
Earlier this month the U.S. Supreme Court ruled that Courts of Appeals should largely defer to lower courts' decisions when policing Equal Employment Opportunity Commission subpoenas.
David B. Monks
Partner
Fisher & Phillips LLP
labor & employment
Phone: (858) 597-9600
Email: dmonks@fisherphillips.com
Univ of Maryland School of Law
David counsels employers on a wide variety of matters, including employee discipline and termination.
On April 3, the U.S. Supreme Court ruled that Courts of Appeals should largely defer to lower courts' decisions when policing Equal Employment Opportunity Commission subpoenas. McLane v. Equal Employment Opportunity Commission. By requiring that lower court rulings be reviewed for abuse of discretion, rather than de novo, the decision keeps a more sensible limit on the EEOC's investigatory powers, including the scope of requests for information in administrative subpoenas. The rul...
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