SAN FRANCISCO (CN) – FedEx must comply with an administrative subpoena filed by the Equal Employment Opportunity Commission, the 9th Circuit ruled.
Tyrone Merritt filed a discrimination suit 2004, alleging that its Basic Skills Test, which is required for promotions, was statistically biased against Latinos and African Americans.
In its investigation, the EEOC issued a subpoena asking FedEx to provide computer files on issues such as hiring, promotions, testing and job applicants. The EEOC did not ask for files on specific employees.
Judge Tashima ruled that FedEx’s compliance with a subpoena in a similar case to this does not make this action moot.
The judge also ruled that the EEOC’s authority does not cease when the individual plaintiff files his lawsuit.
Quoting a previous case, Tashima wrote: “As long as the evidence is relevant, material and there is some plausible grounds for jurisdiction, the court should enforce the subpoena.”