mclane
equal
employment
opportunity
commission
argued
february
decided
april
damiana
ochoa
worked
eight
years
physically
demanding
job
petitioner
mclane
services
company
mclane
requires
employees
positions
new
employees
returning
medical
leave
take
physical
evaluation
ochoa
returned
three
months
maternity
leave
failed
evaluation
three
times
fired
filed
sex
discrimination
charge
title
vii
civil
rights
act
equal
employment
opportunity
eeoc
began
investigation
mclane
declined
request
pedigree
information
names
social
security
numbers
addresses
telephone
numbers
employees
asked
take
evaluation
eeoc
expanded
investigation
scope
geographically
cover
mclane
national
operations
substantively
investigate
possible
age
discrimination
issued
subpoenas
authorized
requesting
pedigree
information
relating
new
investigation
mclane
refused
provide
information
eeoc
filed
two
actions
federal
district
one
arising
ochoa
charge
one
arising
eeoc
charge
seeking
enforcement
subpoenas
district
judge
declined
enforce
subpoenas
finding
pedigree
information
relevant
charges
ninth
circuit
reversed
reviewing
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decision
quash
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novo
concluded
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erred
finding
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decision
whether
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practice
courts
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decision
enforce
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title
vii
confers
eeoc
authority
issue
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labor
relations
act
nlra
confers
national
labor
relations
board
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three
decades
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enactment
incorporation
provisions
title
vii
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consider
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decision
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vii
authorize
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long
history
appellate
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pierce
underwood
carries
significant
persuasive
weight
second
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principles
institutional
capacity
counsel
favor
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district
enforcement
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turn
either
whether
evidence
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charge
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light
circumstances
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suited
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judge
expertise
first
requires
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evaluate
relationship
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materials
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matter
investigation
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variable
relation
nature
purposes
scope
inquiry
oklahoma
press
publishing
walling
whether
subpoena
overly
burdensome
turns
nature
materials
sought
difficulty
employer
face
producing
close
better
suited
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appeals
cooter
gell
hartmarx
functional
considerations
also
show
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courts
considerable
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making
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buford
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comes
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streamline
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district
cooter
gell
something
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important
proceeding
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facilitate
eeoc
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pp
amicus
arguments
support
de
novo
review
persuasive
amicus
claims
district
primary
task
test
subpoena
legal
sufficiency
thus
requires
exercise
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characterization
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review
may
employed
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judge
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kind
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read
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term
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light
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employer
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shell
oil
constitutional
underpinnings
shell
oil
standard
require
different
result
described
subpoena
search
oklahoma
press
implied
fourth
amendment
source
requirement
subpoena
indefinite
morton
salt
every
decision
touching
fourth
amendment
subject
searching
review
see
nixon
cf
illinois
gates
ornelas
distinguished
pp
case
remanded
appeals
review
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decision
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instance
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extent
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pp
vacated
remanded
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roberts
kennedy
thomas
breyer
alito
kagan
joined
ginsburg
filed
opinion
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part
dissenting
part
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notice
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subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
mclane
company
petitioner
equal
employment
opportunity
commission
writ
certiorari
appeals
ninth
circuit
april
justice
sotomayor
delivered
opinion
title
vii
civil
rights
act
permits
equal
employment
opportunity
commission
eeoc
issue
subpoena
obtain
evidence
employer
relevant
pending
investigation
statute
authorizes
district
issue
order
enforcing
subpoena
question
presented
whether
appeals
review
district
decision
enforce
quash
eeoc
subpoena
de
novo
abuse
discretion
decision
reviewed
abuse
discretion
title
vii
civil
rights
act
prohibits
employment
discrimination
basis
race
color
religion
sex
national
origin
stat
statute
entrusts
enforcement
prohibition
eeoc
see
eeoc
shell
oil
eeoc
responsibilities
triggered
filing
specific
sworn
charge
discrimination
university
eeoc
filed
either
person
alleging
discrimination
eeoc
see
receives
charge
eeoc
must
first
notify
employer
must
investigate
determine
whether
reasonable
cause
believe
charge
true
university
internal
quotation
marks
omitted
case
one
tools
eeoc
disposal
conducting
investigation
subpoena
order
enable
eeoc
make
informed
decisions
stage
enforcement
process
title
vii
confers
broad
right
access
relevant
evidence
provides
eeoc
shall
access
purposes
examination
evidence
person
investigated
proceeded
relates
unlawful
employment
practices
covered
title
vii
relevant
charge
investigation
statute
enables
eeoc
obtain
evidence
authoriz
ing
issue
subpoena
seek
order
enforcing
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university
see
authority
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may
issue
subp
enas
requiring
attendance
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eeoc
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eeoc
rejects
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employer
still
refuse
obey
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ena
eeoc
may
ask
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issue
order
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district
role
eeoc
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enforcement
proceeding
twice
explained
straightforward
one
see
university
shell
oil
district
use
enforcement
proceeding
opportunity
test
strength
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complaint
ibid
rather
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charge
valid
material
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term
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shell
oil
virtually
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cast
light
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charge
proper
material
requested
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enforce
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employer
establishes
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indefinite
issued
illegitimate
purpose
unduly
burdensome
see
morton
salt
gist
protection
requirement
disclosure
sought
shall
unreasonable
internal
quotation
marks
omitted
case
arises
title
vii
suit
filed
woman
named
damiana
ochoa
ochoa
worked
eight
years
cigarette
selector
petitioner
mclane
services
company
according
mclane
job
demanding
one
cigarette
selectors
work
distribution
centers
required
lift
pack
move
large
bins
containing
products
mclane
requires
employees
taking
physically
demanding
jobs
new
employees
employees
returning
medical
leave
take
physical
evaluation
according
mclane
evaluation
tests
range
motion
resistance
speed
designed
administered
validated
third
party
brief
petitioner
ochoa
took
three
months
maternity
leave
attempted
return
work
mclane
asked
take
evaluation
ochoa
attempted
pass
evaluation
three
times
failed
mclane
fired
ochoa
filed
charge
discrimination
alleging
among
things
fired
basis
gender
eeoc
began
investigation
request
mclane
provided
basic
information
evaluation
well
list
anonymous
employees
mclane
asked
take
evaluation
mclane
list
included
employee
gender
role
company
evaluation
score
well
reason
employee
asked
take
evaluation
company
refused
provide
parties
call
pedigree
information
names
social
security
numbers
last
known
addresses
telephone
numbers
employees
asked
take
evaluation
upon
learning
mclane
used
evaluation
nationwide
eeoc
expanded
scope
investigation
focus
mclane
nationwide
operations
substantively
investigate
whether
mclane
discriminated
employees
basis
age
issued
subpoenas
requesting
pedigree
information
related
new
investigation
mclane
refused
provide
pedigree
information
eeoc
filed
two
actions
federal
district
one
arising
ochoa
charge
one
arising
separate
charge
eeoc
filed
seeking
enforcement
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enforcement
actions
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district
judge
hearing
declined
enforce
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extent
sought
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information
see
eeoc
mclane
wl
apr
age
discrimination
charge
civ
app
pet
cert
title
vii
charge
district
view
pedigree
information
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charges
individual
name
even
interview
provide
contacted
simply
shed
light
whether
evaluation
represents
tool
discrimination
app
pet
cert
quoting
wl
internal
quotation
marks
omitted
ninth
circuit
reversed
see
consistent
circuit
precedent
panel
reviewed
district
decision
quash
subpoena
de
novo
concluded
district
erred
finding
pedigree
information
irrelevant
panel
questioned
de
novo
review
applied
observing
sister
circuits
appear
ed
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related
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reviewed
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kinnard
appointed
amicus
curiae
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judgment
ably
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ii
considering
whether
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decision
subject
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appellate
review
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absent
explicit
statutory
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look
two
factors
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underwood
first
ask
whether
history
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second
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exists
ask
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actor
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decide
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miller
fenton
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review
decision
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predates
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title
vii
noted
title
vii
confers
eeoc
authority
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subpoenas
national
labor
relations
act
nlra
confers
national
labor
relations
board
nlrb
see
supra
three
decades
enactment
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incorporation
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provisions
title
vii
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judge
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circuit
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press
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press
implied
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indefinite
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nixon
pretrial
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ginsburg
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equal
employment
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commission
writ
certiorari
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circuit
april
justice
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affirm
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circuit
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