Noting that Aerotek has "continuously refused to comply" with several components of a subpoena EEOC issued in 2009, the Seventh Circuit ordered Aerotek to finally respond. The court found that Aerotek waived its right to object to the subpoena by failing to comply with EEOC regulations which impose a deadline for such objections. The court also reminded Aerotek that "the oversight role of federal courts in subpoena enforcement proceedings is 'sharply limited.'" The court also reiterated its stance that it was not the job of the appellate or the district court to assess the underlying merits of charges of discrimination - leaving that assessment to be made by EEOC. EEOC v. Aerotek, Inc., No. 11-1349 (7th Cir. Jan. 11, 2013). At the time of the appeal, the Chicago District Office was investigating charges of discrimination filed against Aerotek.
"Aerotek has spent significant time and resources fighting the September 2009 subpoena," noted Jack Rowe, director of the EEOC's Chicago District Office. "It ignored the EEOC's determination that the subpoena was valid, as well as the district court's determination that EEOC acted within its authority to investigate allegations of discrimination. This is a reminder that no matter how many times EEOC investigations are challenged, we will remain committed to our congressional mandate to investigate and ferret out discrimination."
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Source: EEOC
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