The Equal Employment Opportunity Commission can force employers to produce private information, known as “pedigree information,” of their employees or applicants, such as names, telephone numbers, addresses and Social Security numbers, the U.S. Court of Appeals for the Ninth Circuit recently ruled. Daniel Kim of Weintraub Tobin outlines the decision in this recent blog post.
He says the ruling was based on an Arizona District Court case in which an employee alleged gender discrimination after returning from maternity leave. She was fired for failing to pass a physical test. When investigating the complaint, the EEOC asked the company for information on other employees who had taken the test. The employer, “produced the requested information except for employee pedigree information and the grounds for its decisions to terminate employees who had taken the test, refusing based on relevance and privacy,” explains Kim.
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