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01-1937 EEOC v. United Air Lines, Inc.

By: dmc-admin//April 29, 2002//

01-1937 EEOC v. United Air Lines, Inc.

By: dmc-admin//April 29, 2002//

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“In her charge of discrimination, Ms. Droge alleges that she has suffered discrimination on the basis of her national origin and sex because of UAL’s failure to make contributions to the French social security system on her behalf. The information sought, however, goes far beyond an inquiry into whether and for whom UAL makes French social security payments. It is not limited to individuals who may be considered similarly situated to Ms. Droge either by position (flight attendant) or by location (France); the subpoena requires extensive information with respect to all United employees residing abroad.”

“Allowing the EEOC to conduct such a broad investigation would require us to disregard the Congressional requirement that the investigation be based on the charge.”

“The EEOC has the right, of course, to investigate the charge now before it. On remand, the district court must undertake, consistent with our opinion today, the fact-bound inquiries necessary to determine the relevance of each of the requests that pertains to the charge currently before the EEOC. However, before undertaking this task, we believe it is incumbent on the district court first to resolve whether there is any possibility that Ms. Droge might prevail on her complaint. We note that counsel for the EEOC conceded at oral argument that UAL is correct in its submission that a treaty between the United States and France precludes UAL’s making the contributions to the French social security system that Ms. Droge claims have been denied her. If the existence of that treaty obligation resolves the matter, we see no reason for the district court to undertake any additional scrutiny of the subpoena because the EEOC would have no ground upon which to justify its issuance. The EEOC cannot justify further investigating a charge for which it has conceded there is a valid affirmative defense.”

Affirmed in part, and Reversed in part.

Appeal from the United States District Court for the Northern District of Illinois, Lindberg, J., Ripple, J.

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