EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Petitioner-Appellant, v. DEAN WITTER COMPANY, INC., Respondent-Appellee

The Equal Employment Opportunity Commission (EEOC) appeals the district court’s order denying enforcement of an administrative subpoena issued to Dean Witter & Company, Inc., on the ground that the Commissioner’s charge was too inspecific to warrant its enforcement. The EEOC contends the charge was sufficient to comply with the amended notice requirements of § 706(b) of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-5(b). We find that the charge failed to meet the § 706(b) requirements, and affirm the district court’s order.

Facts

EEOC Commissioner Raymond Telles filed a charge against Dean Witter, alleging that Dean Witter had engaged in a “pattern or practice” of discrimination throughout its 37 branches in the recruiting, hiring, assignment, promotion, training, and terms and conditions of employment for women and minorities. The EEOC transmitted to Dean Witter a copy of the charge and notice of the charge. On the notice of charge form, for the entry “date,” the EEOC alleged “continuing”; for place, it alleged “company-wide”; for circumstances, it specified the victims and forms of discrimination by checking off the appropriate boxes listed on the form. After Dean…