United States Third Circuit

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Equal Emp't Opportunity Comm'n v. Kronos Inc., 11-2834

In an action to enforce an administrative subpoena issued by the Equal Employment Opportunity Commission (EEOC), seeking to compel a nonparty to the underlying action involving alleged violations of the ADA to disclose information about its employment tests, the judgment of the district court is vacated and remanded where: 1) the district court is instructed to remove the "relied upon" language from its order enforcing the subpoena, as any limitation on the production of validity studies that requires such studies to relate to the defendant-employer in any way impermissibly excludes relevant evidence and violates the mandate in the first case; 2) the district court is instructed to remove the language in paragraphs 1 and 3 that limits the evidence sought in those paragraphs to disability-related issues; 3) although the district court did not abuse its discretion in entering a confidentiality order, the scope of the confidentiality provisions issued were improper; and 4) district court's cost-sharing order is reversed to allow the court to make an individualized determination of whether the costs of production under the newly expanded subpoena are outside the scope of what the nonparty can reasonably expect to bear as the cost of doing business.

Appellate Information

  • Decided 09/14/2012
  • Published 09/14/2012

Judges

  • Chagares

Court

  • United States Third Circuit

Counsel