Consider the Charge Before Responding to an EEOC Investigation
Employment attorneys who represent businesses should be mindful of the limitations of the Equal Employment Opportunity Commission’s (EEOC) investigatory powers. In May 2023, the Eleventh Judicial Circuit ruled against the EEOC, which was seeking nationwide data from a car components manufacturer (the employer). See Equal Employment Opportunity Commission v. Eberspaecher North American Inc., No. 21-13799 (11th Cir. May 10, 2023). A prior employee at the Northport, Alabama, facility of the employer complained to the EEOC that he was fired for taking protected absences under the Family Medical Leave Act. The EEOC charged the employer with discrimination under the Americans with [...]


