Dr. N. Jay ROGERS Et Al., Petitioners-Appellees, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Respondent-Appellant

(specially concurring):

I concur with Judge Goldberg in the result that the District Court must allow access by EEOC to items 6 and 7 of the Demand for Access to Evidence. My concurrence is restricted to that result.

I accept a construction of Mrs. Chavez’s charge which EEOC has urged upon this court as an alternative to the construction preferred (and accepted as being within the statute) by Judge Goldberg, and preferred (but considered as outside the statute) by Judge Roney. It is that Mrs. Chavez’s charge could be considered as describing discrimination practiced against her in that she,…