EEOC v. Kronos Incorporated

Case Updates

The Third Circuit ruled that the district court improperly narrowed the scope of the EEOC’s subpoena power and that information not specifically related to the plaintiff’s claim may shed light on whether Kronos’ assessment had an adverse impact on other applicants.

NCLC urged the Third Circuit to limit the EEOC’s subpoena power to the scope of the charge against an employer. In this case, Kroger Foods used a test developed by Kronos Incorporated to assess a job applicant with a hearing and speech impairment. Denied a job by the grocery store chain, the applicant filed a discrimination charge with the EEOC, who later subpoenaed Kronos for sensitive information unrelated to the alleged discrimination. In its brief, NCLC argued that the clear language of the Americans with Disabilities Act dictates that the EEOC is entitled only to evidence that is “relevant to the charge under investigation.” NCLC warned that information provided to the EEOC may ultimately fall into the hands of charging parties, compromising the integrity of costly employer testing programs.