EEOC's Subpoena In ADA Probe Too Broad: 10th Circ.

Law360, New York (February 27, 2012, 5:24 PM EST) -- The Tenth Circuit on Monday backed a lower court's ruling that the Equal Employment Opportunity Commission had no basis to seek BNSF Railway Co.'s national employee records when conducting an investigation into allegations of disability discrimination on behalf of just two people.

A three-judge panel affirmed a Colorado federal court's decision sustaining BNSF's refusal to comply with the EEOC's subpoena, saying that the workers' rights organization hadn't demonstrated the existence of a broader pattern of discrimination to support such an expansive request for records.

“The EEOC...
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