Flores Thomas v. AM Holding Corp., et al.

Nwe York City, New York civil rights lawyer represented the EEOC investigating workplace sexual harassment and hostile work environment at flashdance clubs in New York.



Eunice Raquel Flores Thomas, a former dancer at two adult clubs in New

York City, filed a class charge with the Equal Employment Opportunity

Commission ("EEOC”) alleging widespread sexual harassment and a hostile

work environment at the clubs. The EEOC issued administrative subpoenas

seeking pedigree information for the clubs' employees and later petitioned to2

enforce the subpoenas. The United States District Court for the Southern District

of New York (Lorna G. Schofield, Judge) granted the petition, and the clubs

appealed. While this appeal was pending, the EEOC issued a right-to-sue letter

to Thomas, who promptly filed suit against the clubs. The clubs argue that

Thomas's suit divests the EEOC of authority to investigate and enforce its

subpoenas. They also claim that the subpoenas are overbroad and unduly

burdensome. We hold that the EEOC retains its statutory investigative authority

after it issues a right-to-sue letter and the charging party files a separate suit.

Moreover, the pedigree information the EEOC seeks from the clubs is relevant to

the underlying charge, and complying with the subpoenas would not be unduly

burdensome in this case.

Affirmed