In EEOC v. Aerotek, Inc., Case No. 11-1349 (7th Cir. Jan. 11, 2013)(unpub.), a staffing company’s failure, within the regulatory-required five business days, to seek amendment or modification of the EEOC’s subpoena seeking certain recruitment, placement and other documents, in conjunction with a national origin-based discrimination investigation, resulted a waiver of Aerotek’s right to challenge the subpoena. This held true even though Aerotek’s challenge to the subpoena was filed within six business days, thus missing the regulatory period by only one day. So, if you receive a subpoena from the EEOC in conjunction with one of its investigations, and you seek to challenge the subpoena, you must act quickly and meet the five-day deadline set forth at 29 C.F.R. § 1601.16(b)(1).

About the author.

Seena Foster, award winning civil rights author and Partner of the discrimination consulting firm, Title VI Consulting, LLP in Alexandria, Virginia, provides expertise and guidance in the areas of compliance and civil rights investigations to state and local governments, colleges and universities, private companies, and non-profit organizations. To that end, she offers one hour Webinars, full-day and half-day in-person training sessions, and mediation services addressing a variety of types of discrimination such as racial discrimination, sex discrimination, disability discrimination, age discrimination, and religious discrimination. The federal law on discrimination is complex and affects our workplaces as well as the delivery of our federally funded programs and activities. Her book, Civil Rights Investigations Under the Workforce Investment Act and Other Title VI Related Laws: From Intake to Final Determination, has been described as an “eye-opening” reading experience and a “stand-alone” training resource. Ms. Foster’s resources and materials are designed to support the work of civil rights and discrimination professionals in the public and private sectors. You may contact her through