Daily Record Staff//November 3, 2025//
Daily Record Staff//November 3, 2025//
United States Court of Appeals for the Second Circuit
Administrative subpoena — Enforcement and Authority
24-1672-cv
Judges Cabranes, Lohier, and Sullivan
Background: A former adult dancer filed a class charge with the Equal Employment Opportunity Commission alleging widespread sexual harassment and a hostile work environment at the two clubs she works for. The EEOC issued subpoenas seeking pedigree information for the clubs’ employees. The clubs appealed from the grant of an enforcement petition. During the pendency of the appeal, the former dancer filed suit against the clubs. The clubs argue that the lawsuit divests the EEOC of the authority to investigate and enforce its subpoenas.
Ruling: The Second Circuit affirmed. The court held that the EEOC retains its statutory investigative authority after it issues a right-to-sue letter and the charging party files a separate suit.
James Dirscoll-MacEacharon, of the EEOC, for the applicant-appellee; Jeffrey A. Kimmel, of Akerman, for the respondents-appellants.