U.S. Court of Appeals for the 3rd Circuit
Vicky Sands applied for a cashier and bagger job at a Kroger's grocery store. She didn't get the job and filed an ADA complaint. The EEOC issued a broad subpoena to Kronos, the pre-employment testing company used by Kroger, demanding all of Kroger's testing results for every job category. Later, the EEOC issued a second subpoena demanding nationwide race data from all employers. NFIB has filed an amicus in support of Kronos to protect small business records.
Status: DECIDED. Amicus brief filed in support of employer on 12/14/09. Court ruled in favor EEOC.