United States Equal Employment Opportunity Commission v. American Apparel, Inc.

MEMORANDUM ***

Respondent, American Apparel, Inc. (“American”), appeals the district court’s order directing it to comply with an administrative subpoena from Petitioner, the Equal Employment Opportunity Commission (“EEOC”), in connection with a sexual harassment Charge of Discrimination filed by a former American employee.

We review the district court’s decision regarding enforcement of an administrative subpoena de novo. F.D.I.C. v. Garner, 126 F.3d 1138, 1142 (9th Cir.1997). For the following reasons, we reverse.

First, although the EEOC is granted broad investigatory powers under Title VII, see 42 U.S.C. § 2000e-8(a); E.E.O.C. v. Shell Oil Co., 466 U.S. 54, 68 , 104 S.Ct. 1621 , 80 L.Ed.2d 41 (1984) (recognizing that the relevance limitation on the EEOC’s authority to investigate “is not especially constraining”), those powers are subject to recognized privileges and protections. See Dole v. Milonas, 889 F.2d 885, 888-890 (9th Cir.1989) (recognizing attorney-client privilege as a limitation on administrative subpoena issued by the Sec *13 retary of Labor). American made a preliminary showing that the notes and memoranda prepared by its outside counsel may be protected work…