EEOC V. McLane Co., No. 13-15126 (9th Cir. 2015)Annotate this Case
The EEOC brought a subpoena enforcement action against McLane where the EEOC was investigating a charge of sex discrimination filed against McLane by one of its former employees. At issue was whether the district court correctly held that some of the information sought by the subpoena was not relevant to the EEOC’s investigation. The court concluded that the district court erred by refusing to enforce the subpoena’s request for production of pedigree information where the information was relevant to the EEOC's investigation. In this case, the employee's charge alleged that McLane's use of the strength test discriminated on the basis of sex. To decide whether there is any truth to that allegation, the EEOC wanted to contact other McLane employees and applicants for employment who have taken the test to learn more about their experiences. For similar reasons, the district court erred when it held that pedigree information was irrelevant “at this stage” of the investigation. Finally, the court vacated the district court's order denying enforcement of the subpoena's request for the reasons for termination, and remanded so that the district court could rule on whether requiring McLane to produce that information would in fact be unduly burdensome.
The court issued a subsequent related opinion or order on May 24, 2017.