The U.S. Equal Employment Opportunity Commission is seeking enforcement of an administrative subpoena related to an investigation of diversity, equity and inclusion training mandated by the City and County of San Francisco, the agency said in a press release on Monday.
EEOC filed for enforcement on Sept. 3 in the U.S. District for the Northern District of California. The agency alleged that the respondents “delayed and hampered” its investigation into a former Department of Public Health employee’s race and gender discrimination charge by failing to produce critical documents and information.
The employee claimed that she was directed by her supervisor to attend a series of 16 four-hour “Anti-Racism Fellowship Seminars” conducted by an external contractor. The training instructor made repeated derogatory and vitriolic statements about White people and White women, EEOC claimed, and the charging party further alleged that the instructor “spoke down” to her and other female leaders, saying they should speak in a diminutive manner.
EEOC said it began its investigation in June 2024 by issuing a request for information, which it followed up with a supplement request in March 2025. Respondents produced a portion of requested documents by an April 2025 deadline, EEOC claimed, but continued to withhold certain other documents throughout the following year despite being informed by EEOC of deficiencies.
By mid-August 2026, the City and County allegedly had still not produced information and documents under three categories outlined by EEOC. This included all documents related to the instructor’s curriculum and seminars; a searchable electronic database of all employees who attended or enrolled in the seminars; and all documents related to investigations against the instructor.
“Despite multiple extensions, reminders, and assurances, Respondent has continued to produce documents in fragmented installments that leave substantial gaps in critical categories of information necessary for a timely and thorough investigation,” the agency said in its filing.
San Francisco officials responded to the EEOC’s motion and plan to oppose it, Jen Kwart, communications director for City Attorney David Chu, said in an email. “We look forward to discussing this matter with the Court.”
EEOC has pursued enforcement of administrative subpoenas in several recent investigations of employers, particularly where DEI policies are concerned. Last month, the agency ended one such legal proceeding against Nike, telling a Missouri federal district court that the company had provided requested information in an investigation of alleged anti-White bias.
And in another proceeding against Northwestern Mutual, a judge ordered the company to comply with EEOC’s information requests regarding Northwestern’s DEI policies. EEOC said it received a charge claiming that the company’s performance metrics led it to unlawfully fail to promote a White male employee.
EEOC is generally likely to succeed in persuading courts to enforce subpoenas for information with respect to its DEI probes, Duane Morris attorneys previously said in an April virtual presentation.