Good News From The Third Circuit For Employers Facing EEOC Systemic Investigations & Subpoenas

The EEOC is ratcheting up its systemic investigations like never before. Employers are increasingly facing nationwide requests for personnel data and company-wide investigations of their personnel practices. The EEOC is also resorting to its subpoena power to force employers to turn over their HRIS data. In a case of significant importance rendered on September 7, the Third Circuit in EEOC v. Kronos, Inc. narrowed an EEOC’s third-party administrative subpoena and adopted the defendant’s broad confidentiality proposal. The Third Circuit overturned part of the decision, affirmed part of it, and remanded the confidentiality issue back for further deliberations.

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