Tuesday, April 4, 2017
Yesterday the Supreme Court issued its decision in McLean Co. v. EEOC, which begins:
Title VII of the Civil Rights Act of 1964 permits the Equal Employment Opportunity Commission (EEOC) to issue a subpoena to obtain evidence from an employer that is relevant to a pending investigation. The statute authorizes a district court to issue an order enforcing such a subpoena. The question presented here is whether a court of appeals should review a district court’s decision to enforce or quash an EEOC subpoena de novo or for abuse of discretion. This decision should be reviewed for abuse of discretion.
That first paragraph pretty much says it all, but Justice Sotomayor’s decision also contains a nice summary of the Court’s general approach for identifying the proper standard of review where the relevant statutes do not provide one.