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Rite Aid of New York, Inc. v. Equal Employment Opportunity Commission

MEMORANDUM OF LAW in Support re: 9 MOTION Notice of Cross-Motion to Enforce EEOC's Administrative Subpoena. and Memorandum of Law in Opposition to 1 Rite Aid's Motion to Quash EEOC's Administrative Subpoena. Document

22 Cited authorities

  1. University of Pennsylvania v. Equal Employment Opportunity Commission

    493 U.S. 182 (1990)   Cited 634 times   1 Legal Analyses
    Holding that plaintiff university failed to make out a cognizable First Amendment claim in light of speculative, attenuated, and remote harm

  2. Federal Trade Commission v. Standard Oil Co.

    449 U.S. 232 (1980)   Cited 616 times   3 Legal Analyses
    Holding that the issuance of an administrative complaint is not final agency action because a complaint is "not a definitive statement of position" but instead a "threshold determination that further inquiry is warranted"

  3. United States v. Arthur Young Co.

    465 U.S. 805 (1984)   Cited 482 times   11 Legal Analyses
    Holding that the Court may not circumscribe the broad authority granted the IRS by § 7602

  4. Equal Employment Opportunity Commission v. Shell Oil Co.

    466 U.S. 54 (1984)   Cited 350 times   8 Legal Analyses
    Holding that the dominant purpose of Title VII is to root out discrimination in employment

  5. E.E.O.C. v. General Elec. Co.

    532 F.2d 359 (4th Cir. 1976)   Cited 244 times
    Holding that an original E.E.O.C. charge is "sufficient to support . . . a civil suit under the Act for any discrimination . . . developed in the course of a reasonable investigation of that charge, provided that such discrimination was included in the reasonable cause determination of the E.E.O.C."

  6. E.E.O.C. v. Ford Motor Credit Co.

    26 F.3d 44 (6th Cir. 1994)   Cited 74 times
    Finding comparative information "absolutely essential" to a determination of discrimination

  7. E.E.O.C. v. Citicorp Diners Club, Inc.

    985 F.2d 1036 (10th Cir. 1993)   Cited 52 times
    Holding employer failed to establish request was unduly burdensome where employer only showed compliance would be inconvenient and involve some expense but did not offer any specific estimate of cost or show how compliance would impact normal operations of employer

  8. E.E.O.C. v. United Parcel Ser

    587 F.3d 136 (2d Cir. 2009)   Cited 20 times   2 Legal Analyses
    Holding that the district court applied "too restrictive a standard of relevance" when it denied enforcement of a subpoena seeking information regarding an employer's nationwide application of allegedly discriminatory policy

  9. N.L.R.B. v. American Medical Response, Inc.

    438 F.3d 188 (2d Cir. 2006)   Cited 24 times
    Finding that for an administrative subpoena, “the agency's appraisal of relevancy” to its investigation “must be accepted so long as it is not obviously wrong”

  10. Equal Emp't Opportunity Com. v. Schwan's Home Serv

    707 F. Supp. 2d 980 (D. Minn. 2010)   Cited 16 times
    Holding that "an application to enforce an administrative subpoena ... where there is no pending underlying action before the [c]ourt, is generally a dispositive matter"

  11. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,973 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  12. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,729 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

  13. Section 2000e-8 - Investigations

    42 U.S.C. § 2000e-8   Cited 392 times   26 Legal Analyses
    Authorizing the EEOC to "enter into written agreements" with state and local agencies to promote "effective enforcement" of the Act

  14. Section 161 - Investigatory powers of Board

    29 U.S.C. § 161   Cited 341 times   2 Legal Analyses
    Authorizing the Board or any designee to compel "attendance of witnesses and the production of ... evidence ... from any place in the United States or any Territory or possession thereof, at any designated place of hearing "

  15. Section 2000e-9 - Conduct of hearings and investigations pursuant to section 161 of title 29

    42 U.S.C. § 2000e-9   Cited 181 times   2 Legal Analyses
    Granting the EEOC the same investigative powers as those given to the National Labor Relations Board in 29 U.S.C. § 161

  16. Section 1601.16 - Access to and production of evidence; testimony of witnesses; procedure and authority

    29 C.F.R. § 1601.16   Cited 55 times   2 Legal Analyses
    Granting the EEOC authority to issue subpoenas and compel production of evidence under the control of those subpoenaed

  17. Section 1614.204 - Class complaints

    29 C.F.R. § 1614.204   Cited 46 times
    Explaining that if an allegation was not previously discussed with the counselor, and the agent provides a satisfactory explanation for this omission, the "administrative judge shall refer the allegation to the agency for further counseling" before consolidating the allegation with the class complaint