Labor & Employment Law Daily Wrap Up, EEOC NEWS—Agency gets tough with uncooperative school district, seeks order to show cause, (Aug 27, 2025)

By Pamela Wolf, J.D.

“When employers refuse to comply voluntarily with an EEOC investigation or otherwise hinder an investigation’s progress, the EEOC will not hesitate to pursue all available remedies, including a subpoena enforcement action in federal court.”

The EEOC filed an application for an order to show cause in a federal district court in New Mexico to enforce two administrative subpoenas it issued to Gallup-McKinley County Schools (GMCS) during its investigation into allegations that that the New Mexico school district engaged in intentionally discriminatory hiring and other unlawful employment practices against Native American applicants and employees. Acting EEOC Chair Andrea Lucas, in her former role as Commissioner, filed a commissioner’s charge of discrimination against the district. According to the charge, the district engaged in a pattern or practice of intentional discrimination against Native American employees and job applicants in interviewing, hiring, promoting, classifying, and other employment practices based on race for the job categories of classroom teacher, administrator, or principal—conduct that may violate Title VII.

Investigative requests denied. The district includes multiple elementary, middle, and high schools serving students in the city of Gallup and other areas of McKinley County. As part of its investigation, the EEOC requested interviews with two high-level district administrators. The district initially agreed to these interviews but canceled the interviews the day before they were scheduled to take place and refused to cooperate further with the investigation, according to the federal agency. The EEOC then issued two administrative subpoenas for deposition testimony from the witnesses, but the witnesses allegedly failed to appear, and the district purportedly failed to follow the administrative appeal process for review of an EEOC subpoena.

“The EEOC has not received any further communication from GMCS about the Subpoenas,” the application for order to show cause states. “GMCS has failed or refused to comply with the Subpoenas,” and its “failure or refusal to comply with the Subpoenas has delayed and impeded the EEOC’s investigation,” according to the court filing.

Order to show cause. The federal agency is asking the court to:

• Issue an order directing the district to appear before the court and to show cause, if there be any, why an order should not issue directing the district to comply with the subpoenas;

• Upon return of the order to show cause, issue an order directing the district to comply with the subpoenas; and

• Grant the EEOC costs and such further relief as appropriate.

“A Commissioner’s Charge is an important statutory tool expressly enshrined in Title VII for investigation into potentially discriminatory employment practices,” said EEOC Acting Chair Andrea Lucas. “Allegations of intentional exclusion of Native Americans from certain jobs at Gallup-McKinley County Schools require a prompt and thorough investigation by the EEOC. When employers refuse to comply voluntarily with an EEOC investigation or otherwise hinder an investigation’s progress, the EEOC will not hesitate to pursue all available remedies, including a subpoena enforcement action in federal court.”

The EEOC filed its enforcement action in the District of New Mexico; the case is No. 1:25-mc-00025.

Companies: Gallup-McKinley County Schools

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