It is not often that the EEOC even issues a subpoena to an employer for records. It is more rare still for the employer to resist that subpoena. But, local San Antonio law firm, The Malaise law firm is doing just that. According to Russ Cawyer, an employer attorney who blogs on employment law, the EEOC sought records regarding all employees during a certain time frame. They would need such information in order to interview witnesses. Malaise agreed to produce the names of the employees. But, the employer refused to provide contact information for each employee. Eventually, the EEOC had to file suit in US district court to enforce its subpoena.
I would expect this to be tough battle for the Malaise law firm. EEOC investigative records are confidential. So, arguing that producing records would violate an employee’s right to privacy will have limited effect. In reviewing the early letters, it appears that Todd Malaise initially represented his firm himself in resisting the EEOC’s demands. There are numerous letters going back and froth between the employer and the EEOC. Later, the firm hired employment attorneys to resist the subpoena.
The EEOC always has too many investigations for too few investigators. If they must spend so much time on one case, that helps explain why they spend so little time on all their other files.