Jonathan Meer (Partner-New York, NY) and Angela Sekerka (Of Counsel-Chicago, IL/White Plains, NY) coauthored “Spotlight on Legal Battles Over EEOC Subpoena Powers,” appearing in the March 31, 2026, posting of Law360’s Expert Analysis. The article explores how recent enforcement priorities announced by the U.S. Equal Employment Opportunity Commission (EEOC) – including a focus on religious discrimination and diversity, equity, and inclusion-related investigations – have renewed scrutiny regarding the breadth of its statutory subpoena authority and raised difficult questions for employers regarding the scope of employee information subject to exposure. Jonathan and Angela examine recent litigation and key rulings shaping the scope of the EEOC’s subpoena powers and discuss cases driving new challenges to that authority, including those involving workplace DEI practices and university-related religious discrimination investigations. They observe, “In sum, employers can expect that the EEOC will continue to vigorously pursue its articulated priorities of rooting out antisemitism on university campuses and identifying and eliminating DEI-related discrimination.” The authors further note that “Until these issues are resolved, employers should remember that the EEOC's investigatory and subpoena powers are broad but not unlimited. Employers frustrated with broad requests may be able to challenge subpoenas based on the laws and the constitution of the states in which actions are brought.”