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Equal Employment Opportunity Commission v. Oncor Electric Delivery Co.

United States District Court, N.D. Texas, Dallas Division

November 16, 2017

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Petitioner,
v.
ONCOR ELECTRIC DELIVERY CO., Respondent.

          MEMORANDUM OPINION AND ORDER

          DAVID L. HORAN UNITED STATES MAGISTRATE JUDGE

         The Equal Employment Opportunity Commission (“EEOC”) has filed an Application for an Order to Show Cause Why an Administrative Subpoena Should Not Be Enforced. See Dkt. No. 1. United States District Ed Kinkeade referred this petition to the undersigned United States magistrate judge for determination under 28 U.S.C. § 636(b). See Dkt. No. 7. The EEOC seeks an order requiring Respondent Oncor Electric Delivery Co. to comply with Subpoena No. DA-17-03 (the “Subpoena”), requiring Oncor to produce information needed as part of the EEOC's investigation of two charges of unlawful employment practices, Charge No. 450-2015-02800 and Charge No. 450-2016-02266, which have been filed against Oncor. See Dkt. Nos. 1, 2, & 3.

         Without the need for a show cause order, Respondent Oncor Electric Delivery Co. filed a response asserting that the EEOC cannot establish that the information sought is relevant to its investigation of the two charges at issue, and therefore cannot establish entitlement to an order requiring Oncor to comply with the overbroad Subpoena. See Dkt. Nos. 4 & 5. The EEOC has filed a reply. See Dkt. No. 6. Neither party asserts that a hearing is necessary, and the Court finds that it is not.

         For the reasons and to the extent explained below, the Court GRANTS the EEOC's Application for an Order to Show Cause Why an Administrative Subpoena Should Not Be Enforced [Dkt. No. 1].

         Background

         The EEOC's Application explains that

1. This is an action for enforcement of a subpoena issued pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 as amended (“ADA”), 42 U.S.C. § 12117(a), which incorporates Section 710 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-9 (“Title VII”).
2. Jurisdiction is conferred upon the court by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates Sections 706(f)(3) and 710 of Title VII, 42 U.S.C. §§ 2000e-5(f)(3) and 2000e-9, the latter of which incorporates Section 11 of the National Labor Relations Act, 29 U.S.C. § 161.
3. Applicant and Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), is the federal agency charged with the administration, interpretation, and enforcement of the ADA, including the investigation of charges of unlawful employment practices, and isauthorized to bring this action pursuant to Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates Section 710 of Title VII, 42 U.S.C. § 2000e-9.
4. The Respondent is an employer doing business in the State of Texas with a facility in Dallas, Texas.
5. On March 15, 2017, pursuant to its authority under 29 U.S.C. § 161 (incorporated in Section 710 of Title VII, 42 U.S.C. § 2000e-9, which, in turn, is incorporated in Section 107(a) of the ADA, 42 U.S.C. § 12117(a)), the EEOC issued to the Respondent Subpoena No. DA-17-03, which was duly served on the Respondent by the EEOC's Dallas District Office.
6. Subpoena No. DA-17-03 required the Respondent to produce information needed as part of the EEOC's investigation of two charges of unlawful employment practices, Charge No. 450-2015-02800 and Charge No. 450-2016-02266, which have been filed against the Respondent.
7. The Respondent filed a petition to revoke the Subpoena by letter dated March 29, 2017.
8. On June 20, 2017, the EEOC issued its Determination, denying Respondent's Petition to Revoke, but modifying Request No. 3 in the EEOC's subpoena.
9. Upon receipt of the Determination, the Respondent continues to refuse to comply with the Subpoena No. DA-17-03, ...

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