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U.S. Supreme Court Declines to Address Whether the EEOC Can Continue to Investigate After Issuing Right to Sue Letter


Earlier this month, the United States Supreme Court denied a writ of certiorari in VF Jeanswear LP v. Equal Employment Opportunity Commission, a case that would have enabled the Court to break a circuit split over whether Title VII of the Civil Rights Act of 1964 enables the Equal Employment Opportunity Commission (“EEOC”) to continue to investigate alleged wrongdoing after issuing a right to sue letter.

In VF Jeanswear, the EEOC issued a subpoena that sought a “wide range of employment information” from the respondent, relating to the manufacturers supervisors, managers, and executive employees.  This subpoena came after a former employee filed a discrimination charge.  The district court found that the subpoenaed information was not relevant to the employee’s discharge but the Ninth Circuit Court of Appeals reversed, holding that EEOC subpoenas (in relation to an investigation of discrimination) are enforceable so long as they seek information relevant to any of the allegations in a charge, not just those that directly affect a charging party.  Therefore, the Court of Appeals found that, under Title VII, the EEOC can continue to investigate claims of discrimination even after issuing a right to sue letter.  VF Jeanswear subsequently sought to have the United States Supreme Court hear the matter.

Justice Clarence Thomas dissented from the Supreme Court’s denial of the writ of certiorari, writing that if the Supreme Court found that the issuance of a right to sue letter terminated the EEOC’s ability to investigate, the EEOC may be “impermissibly subjecting employers to time-consuming investigations.”  That reasoning could have led the Supreme Court to find that the EEOC was acting outside the scope of its authority, as provided by Congress in Title VII, when investigations continued after a right to sue letter was issued.  Of course, that is not even taking into account the split among circuits on the matter with the Seventh and Ninth Circuits holding that the EEOC has the power to keep investigating, while the Fifth Circuit has found that the plain text of Title VII prohibits this.  Had the Supreme Court taken up VF Jeanswear, we likely would have had clarity on the matter, as Justice Thomas argued.  For the time being, however, the split among circuits remains and the matter remains unsettled.


For a copy of the denial of the writ of certiorari:  https://www.supremecourt.gov/opinions/19pdf/19-446_h3cj.pdf

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