EEOC Asserts Right To Blast E-Mail Entire Workforce At Work And At Home

Responding to a lawsuit filed against it in federal court in Washington, D.C., the Equal Employment Opportunity Commission is defending its attempt to expand its investigatory authority to a dangerous and intrusive new level.  Case New Holland, Inc. (CNH) has challenged the EEOC's use of work and office e-mail addresses of hundreds of employees, including managers, to collect information during work hours to use against CNH in investigating a charge of discrimination.

CNH brings its claims against the EEOC under the Administrative Procedure Act and the Fourth and Fifth Amendments of the U.S. Constitution.  To support these claims, CNH argues that the EEOC violated its Compliance Manual, which regulates the activities of its personnel, when it bypassed CNH and contacted CNH managers directly. CNH also argues  that the EEOC's actions violated  Rule 4.2 of the Pennsylvania Rules of Professional Conduct, which  prohibits a lawyer from communicating about the subject of