EEOC v. Kronos

Date: August 11, 2011

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.

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