This case involves the scope of the investigatory and subpoena power of the EEOC. The defendant Cambridge Tile Company is appealing an order granting enforcement of an investigatory subpoena issued by the EEOC in June 1974.
In June, 1973, a Cambridge Tile 'employee filed a charge with the EEOC, alleging that she was the victim of sex discrimination in that she had been fired for refusing the advances of her male foreman. A few months later a second employee, Orice Pullen, filed a charge alleging race discrimination in her discharge. In the course of its investigations, the EEOC uncovered evidence of possible sex discrimination in job
The EEOC’s statutory authority to examine documents of a party under investigation is contained in 42 U.S.C. § 2000e-8(a):
In connection with any investigation of a charge filed under section 2000e-5 of this title, the Commission or its designated representative shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment practices covered by this subchapter and is relevant to the charge under investigation.
The defendant asserts that the EEOC’s subpoena power is sharply limited by the last clause of this provision, and that it has no power to subpoena any information that is not directly related to a charge which has been filed. Since the only two charges against the Company involve race and sex discrimination in firing, it contends that issues of sex discrimination in job classification are not relevant to those charges.
We disagree, and reaffirm the holding in
Blue Bell Boots, Inc.
v.
EEOC,
The EEOC is not on a “fishing expedition” here; it is legitimately attempting to further investigate a strong possibility of sex discrimination, which was uncovered during a reasonable investigation of specific charges made by former employees. The powers granted to the EEOC under Title VII should not be narrowly interpreted, and we decline to hold that the EEOC is powerless to investigate a broader picture of discrimination which unfolds in the course of a reasonable investigation- of a specific charge.
The order of the District Court granting enforcement of an administrative subpoena is affirmed.
