NY Adult Clubs Lose Appeal of EEOC Subpoena in Harassment Probe

The EEOC can require two adult clubs to disclose employee demographic information as part of a sexual harassment investigation despite a separate class lawsuit having already been filed, the Second Circuit ruled Monday.

The decision, which took a side in a circuit split, addressed whether the Equal Employment Opportunity Commission’s investigative authority ends when a worker who brought suspected bias to the agency’s attention by filing a charge is later issued a right-to-sue letter and sues. Joining two other circuits and rejecting the Fifth Circuit’s view, a unanimous panel cited US Supreme Court precedent on the EEOC’s broad investigative and ...