BNSF Rips EEOC's Bid To Resuscitate ADA Case In 10th Circ.

Law360, New York (April 27, 2012, 5:45 PM EDT) -- BNSF Railway Co. urged the Tenth Circuit on Wednesday to reject the U.S. Equal Employment Opportunity Commission's move to rehear or rehear en banc a disability discrimination suit, arguing the commission overstepped its bounds by seeking too much of BNSF’s personnel-related information.

The dispute centers on whether the EEOC had the right to subpoena BNSF's national employee records when conducting an investigation into allegations of disability discrimination on behalf of just two people.

A three-judge panel of the Tenth Circuit in February affirmed a Colorado federal...
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