Employment Discrimination - EEOC Subpoena Enforcement to Determine ADEA Coverage of Partnership Retirement Policy - EEOC v. Peat Marwick Mitchell (and) Co.

Abstract

INTRODUCTION|A court faced with the decision whether to order the enforcement of an administrative subpoena adopts one of two judicial concepts, the "tile in the mosaic" concept or the "fishing expedition" concept. The former owes its origin to Chief Justice Cardozo who concluded that the judiciary's subpoena enforcement requires no administrative agency forecast of the investigative relevance of legitimately subpoenaed documents. He reasoned that the government cannot estimate the probable importance of the documents without placing the information "in its setting, a tile in mosaic...