Equal Emp't Opportunity Comm'n v. Kronos, Inc, No. 11-2834 (3d Cir. 2012)
Annotate this CaseSandy, hearing and speech impaired, applied to work as a grocery store cashier and stocker. As part of the application, Sandy took a Customer Service Assessment created by Kronos and received a score of 40%. Kroger relied, in part, on the Assessment in deciding not to hire Sandy, who filed a complaint with the EEOC. The EEOC issued a third-party administrative subpoena to Kronos, denied a petition to revoke the subpoena, and, after Kronos failed to provide requested information, filed a motion to enforce the subpoena in district court, which limited the scope of the subpoena. The Third Circuit reversed geographic and temporal restrictions, and restrictions related to job description, and affirmed refusal to allow discovery into racial discrimination. On remand, the district court expanded the scope of its original order, but again limited disclosure of information related to the Kronos tests and foundt entered a modified version of the confidentiality order. The Third Circuit reversed and remanded for consideration of how specific limitations are tied to Kronos’s justifiable fears regarding disclosure of proprietary information and for individualized determination of whether costs of production under the expanded subpoena are outside the scope of what Kronos can reasonably expect as the cost of doing business.
The court issued a subsequent related opinion or order on November 15, 2012.
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