White Paper

Supreme Court: EEOC Subpoena Enforcement Decisions Be Reviewed Under Abuse of Discretion Standard


When reviewing a district court’s decision on whether to enforce or quash a subpoena issued by the Equal Employment Opportunity Commission (EEOC), appellate courts should determine if the district court abused its discretion, rather than conducting a new review of the subpoena enforcement, according to the U.S. Supreme Court. All eight justices agreed that the proper standard of review of an EEOC subpoena enforcement decision is abuse of discretion, not de novo review. 



Mark B. Wiletsky, Esq.

Holland & Hart LLP

Mark B. Wiletsky, Esq., earned his bachelor’s degree cum laude in English from Northern Arizona University. He earned his law degree from the University of Colorado. Following graduation, Mr. Wiletsky served as law clerk to the Honorable Robert J. Kapelke at the Colorado Court of Appeals. In September 1998, Mr. Wiletsky joined Caplan and Earnest LLC. He has been admitted to practice in the state of Colorado, the U.S. District Court for the District of Colorado, the Tenth Circuit Court of Appeals, and the United States Supreme Court. Mr. Wiletsky’s practice emphasizes all aspects of employment law, including defense of race, sex, age, and disability discrimination claims at the trial and appellate levels, advising and defending employers concerning wage and overtime issues, and drafting employment handbooks, contracts, and noncompetition and nondisclosure agreements. Mr. Wiletsky has also been involved in litigating a trade secret misappropriation case involving cutting-edge technology issues. He regularly represents employers in administrative hearings and arbitrations. In addition, Mr. Wiletsky practices in the areas of civil litigation and appellate work in state and federal courts, and school law. Mr. Wiletsky co-chairs the Boulder County Bar Association’s employment law section. He is also a member of several legal and special interest organizations, including the American, Colorado and Boulder Bar Associations, the Labor Law and Appellate Practice Sections of the Colorado Bar, and the Civil Rights Committee of the Anti-Defamation League.

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