In a ruling that directly conflicts with a ruling of the federal Fifth Circuit Court of Appeals, the Ninth Circuit in EEOC v. Federal Express Corp., 558 F.3d 842 (9th Cir. 2009), held that the Equal Employment Opportunity Commission (“EEOC”) retains the power to enforce subpoenas and investigate charges of discrimination even after it has issued a right-to-sue notice to an employee that grants the employee the right to file a lawsuit against the employer.

Download the PDF: “Labor Law: EEOC Can Investigate Discrimination After Right-to-Sue Notice Issued