Administrative Enforcement Actions—Judicial Review of Subpoenas

McLane v. EEOC, No. 15-1248

When the Equal Employment Opportunity Commission investigates an employer, the Commission has the statutory authority to subpoena any evidence “relevant to the charge under investigation.” A subpoenaed party that doubts the relevance of the evidence sought can ask a federal district court to quash the subpoena. The Court granted certiorari in McLane to resolve a division among the courts of appeals as to whether district court decisions on motions to quash EEOC subpoenas should be reviewed de novo or for abuse of discretion.