Seventh Circuit Allows EEOC to Continue Discrimination Probe Against Watkins Motor Lines

Holding:

The U.S. Court of Appeals for the Seventh Circuit has ruled that the Equal Employment Opportunity Commission (“EEOC”) can still proceed with its investigation on Watkins Motor Lines, Inc. (“Watkins”) although the company has already settled with the person (Lyndon Jackson) who filed the complaint for discrimination. Citing court precedent, the Seventh Circuit explained that once a complaint for discrimination has been filed, the EEOC, rather than the employee, determines how the investigation should proceed. In so doing, the Seventh Circuit reversed the order of the U.S. District Court for the District of Northern District of Illinois denying EEOC’s motion to enforce subpoena. The district court made such denial on the basis of lack of subject matter jurisdiction, concluding that Jackson’s withdrawal of his charge deprives the court of jurisdiction. According to the Seventh Circuit, a charging party’s change of mind does not diminish EEOC’s authority to investigate on its own behalf. On this basis, the Seventh Circuit ordered a remand with instructions to enforce the subpoena.

Detailed Summary:

In June 2004, after experiencing three incidents of employee-on-employee murder or attempted murder, Watkins Motor Lines decided not to hire anyone who had been convicted of a violent crime. Three months later Watkins rejected Jackson’s application because of his criminal record. He filed a complaint with the EEOC which opened an investigation to determine whether the policy had a disparate impact on minority applicants—and, if so, whether it was “job related for the position[s] in question and consistent with business necessity”. Opinion, p.2, citing 42 U.S.C. §2000e–2(k)(1)(A)(i).

Watkins did not cooperate in the investigation, and on April 8, 2005, the EEOC…

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