EEOC Subpoenas Law Firm Documents in Sex Harassment Probe
Updated: The Malaise Law Firm in San Antonio, Texas, is clashing with the Equal Employment Opportunity Commission in the agency’s investigation of alleged sexual harassment at the law firm.
The EEOC announced in a press release that it has filed a federal lawsuit seeking to enforce a subpoena for information from the firm.
The EEOC had sought the addresses and phone numbers of people working in the law firm’s personal injury department, identifying them as potential witnesses, but the firm refused to fully comply, according to a court document (PDF by Texas Employment Law Update) filed by the EEOC. The firm, which touts its 1-800-bankrupt phone number on its website, countered that the EEOC was going on a fishing expedition, seeking irrelevant information and invading the privacy rights of nonparties, according to the blog Texas Employment Law Update.
Former employee Robert Harlow alleges that firm owner J. Todd Malaise subjected Harlow and others to unwelcome sexual comments and behavior. Harlow claims he was fired for reporting the harassment and for refusing to fire others who also complained.
The lawyer representing the Malaise Law Firm, Inez McBride, said in a statement e-mailed to the ABA Journal Thursday afternoon that the law firm has reached a reasonable resolution with the EEOC, and the agency is dismissing the subpoena enforcement action.
“The firm wishes for everyone to know it has always been willing to comply with a reasonable request for relevant information even without a subpoena,” the statement says. The problem, according to the statement, was that the firm didn’t have lists of all the information sought by the EEOC.
The law firm has responded to the discrimination charge and denied the allegations, the statement says.
Updated at 6:45 p.m. to include the statement provided by Inez McBride.
