SCOTUSblog’s petition of the day raises interesting issues. Two men filed discrimination charges with the EEOC, the EEOC issued a right-to-sue letter, the men sued, and they lost. Meanwhile, the EEOC had issued a subpoena to the employer (before the men lost their suit) and continued its enforcement efforts after they lost their suit. The district court enforced the subpoena, and the 7th Circuit affirmed. EEOC v. Union Pacific Railroad (7th Cir 08/15/2017) [PDF]. The employer has now filed a petition for a writ of certiorari asking the US Supreme Court to review the case. Union Pacific Railroad v. EEOC (US Supreme Court cert petition filed 02/16/2018) [Briefs].
One issue is whether the EEOC is authorized by statute to continue investigating an employer by seeking enforcement of its subpoena after issuing a notice of right‐to‐sue to the charging individuals and the dismissal of the individuals’ subsequent civil lawsuit on the merits. There’s a split of authority between the 5th and the 7th Circuits.
Another issue is whether the EEOC is entitled to subpoena information that goes beyond the original allegations.
Will the Supreme Court review this case? There's no way to know.