Equal Employment Opportunity Commission v. Kronos Inc.

OPINION

CHAGARES, Circuit Judge.

This is our second encounter with this case, which again requires us to consider the enforcement of an administrative subpoena issued by the Equal Employment Opportunity Commission (“EEOC”) seeking to compel Kronos Incorporated (“Kronos”), a non-party to the underlying action, to disclose information about its employment tests. The EEOC issued the disputed subpoena as part of its investigation into an allegation that Kroger grocery store violated the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., by failing to hire a disabled applicant…