10-1239 EEOC v. Konica Minolta Business Solutions U.S.A., Inc.

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Employment
Race discrimination; EEOC subpoenas

Where almost all of a company’s African-American employees are in a predominantly African-American neighborhood, the EEOC’s subpoena requesting information regarding employees who expressed an interest in sales work at other offices was properly enforced.

“Nothing in this record suggests that the EEOC has strayed so far from either Thompson’s charge or its broader mission that it has embarked on the proverbial fishing expedition. The Commission has a ‘realistic expectation rather than an idle hope’ that the hiring materials it seeks will illuminate the facts and circumstances surrounding Thompson’s allegations of race discrimination. Contrary to Konica’s argument, this case does not present the problem we identified in United Air Lines. There, an employee of American origin residing in France alleged that United discriminated against her by failing to contribute into the French social security system on her behalf. Evidence suggested that United did contribute for French employees. In the course of its investigation, the EEOC subpoenaed extensive information on all United employees residing abroad who had taken a medical leave. Id. at 654. We found that the information sought went ‘far beyond’ an inquiry about which of United’s employees received the benefit of United’s making payments into the French social security system. Id. In particular, we noted that the EEOC did not limit its information request to employees who may have been considered ‘similarly situated’ to the complainant, either in terms of position or location. Id. Here, in contrast, the EEOC limited its inquiry to the four Konica branches in the Chicago area and to sales personnel. We conclude that the information sought by the EEOC in this case is properly tailored to matters within its authority.”

Affirmed.

10-1239 EEOC v. Konica Minolta Business Solutions U.S.A., Inc.

Appeal from the United States District Court for the Northern District of Illinois, Manning, J., Wood, J.

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