Equal Employment Opportunity Commission v. A'Gaci, LLC

84 F. Supp. 3d 542, 2015 U.S. Dist. LEXIS 14317
CourtDistrict Court, W.D. Texas
DecidedFebruary 5, 2015
DocketNo. SA:14-MC-445-DAE
StatusPublished

This text of 84 F. Supp. 3d 542 (Equal Employment Opportunity Commission v. A'Gaci, LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Equal Employment Opportunity Commission v. A'Gaci, LLC, 84 F. Supp. 3d 542, 2015 U.S. Dist. LEXIS 14317 (W.D. Tex. 2015).

Opinion

ORDER GRANTING IN PART AND DENYING IN PART EEOC’S APPLICATION TO ENFORCE ADMINISTRATIVE SUBPOENA

DAVID-ALAN EZRA, Senior District Judge.

Before the Court is an Application to Enforce Administrative Subpoena filed by Applicant the Equal Employment Oppor[544]*544tunity Commission (“EEOC”). (Dkt. # 1.) Pursuant to Local Rule 7(h), the Court finds this matter suitable for disposition without a hearing. After reviewing the Application and the supporting and opposing memoranda, for the reasons that follow, the Court GRANTS IN PART AND DENIES IN PART the EEOC’s Application to Enforce Administrative Subpoena. (Dkt. # 1.)

BACKGROUND

Respondent A’GACI, LLC (“A’GACI”) is a retailer specializing in clothing for young women. (Dkt. # 1 at 1.) A’GACI is headquartered in San Antonio, Texas. (Id.) On November 6, 2009, Chris Daiss (“Daiss”) filed a charge of discrimination with the EEOC against A’GACI, his former employer. (Dkt. # 1, Ex 2.) Daiss, who worked as A’GACI’s Chief Operating Officer, alleged that he was terminated after complaining that A’GACI’s hiring practices discriminated based on gender. (Id.) Specifically, the charge stated: “I believe that I have been discriminated against because I refused to support or perform discriminatory acts against other employees, reported the discrimination taking place, and in retaliation for same was terminated, in violation of Title VII of the Civil Rights Act of 1964, as amended.” (Id.) Daiss also filed a “chronology of events” as an addendum to his charge of discrimination. (Dkt. # 1, Ex. 3.) In the addendum, Daiss reported his belief that A’GACI’s hiring policies discriminated on the bases of race, sex, and age. (Id.)

On December 28, 2009, the Dallas EEOC District Office served A’GACI with notice of the charge. (Dkt. # 1 at 4.) On January 22, 2010, A’GACI filed a response. (Dkt. # 5, Ex. 3.) Over the next two years, the EEOC sent A’GACI several requests for additional information and the production of documents.

On March 31, 2010, the EEOC sent its first request for additional information. (Id.) The EEOC requested information regarding Daiss’s termination, its hiring process and policies, and any electronic system containing data on personnel activity such as hiring, work assignments, job status, and terminations. (Id.) On April 15, 2010, A’GACI responded with a majority of the information requested, but provided scant information about their automated human resources system (Automatic Date Processing’s (ADP) Human Resource Benefits Solutions System (HRB)). (Dkt. # 1, Ex. 6.)

On July 22, 2010, the EEOC sent its second.request for additional information. (Dkt. # 1, Ex. 7.) This time, the EEOC requested detailed information regarding all job vacancies from January 1, 2008 to the present, including information about A’GACI’s selection process and the demographics (including race, sex, and age) of the individuals selected to fill those vacancies. (Id.) The EEOC also requested a list of current employees by name, race, sex, age, job title, and work location. (Id.) On August 31, 2010, A’GACI responded. (Dkt. # 1, Ex. 8.) Regarding the first request, A’GACI stated that between March 9, 2009 and September 18, 2009 (the time during which Daiss was employed), it received over 7,000 employment applications. A’GACI stated that producing application records from January 1, 2008 to August 21, 2010 would be impossible, but that even if A’GACI had such information available, the request was overbroad and harassing. (Id.) With respect to the second request, A’GACI stated its position that the request was overbroad and sought information not relevant to Daiss’s charge. A’GACI provided other requested information, including Daiss’s email correspondence, a list of terminated employees and their genders, and a list of managerial employees hired by Daiss. (Id.)

[545]*545On January 14, 2011, the EEOC sent a third additional request for information in which it repeated the requests regarding job vacancies and current employee demographics. (Dkt. # 1, Ex. 9.) At that point, A’GACI retained its current counsel to assist with the dispute. On April 1, 2011, the EEOC sent A’GACI a letter emphasizing the Commission’s power to subpoena the requested information and reiterating the requests made in the January 14 letter. (Dkt. # 1, Ex. 10.) On April 15, 2011, A’GACI’s counsel sent the EEOC a letter stating its position that the information requested was not relevant to Daiss’s charge. (Id.)

On May 12, 2011, the EEOC served A’GACI with Subpoena No: DA-11-10 (“the 2011 Subpoena”) requesting production of the following information by May 23, 2011:

REQUEST 1:
For the time period January 1, 2008, through the present, provide a list of all job vacancies throughout the company listing the specific job title, the date of the vacancy, the location of the job vacancy (including city, state, and store name), the opening and closing dates of the vacancy, the name(s) and job title(s) of the individual(s) involved in the selection process, the name and job title of the selecting official, the name, race, sex, and age and/or date of birth of the individual who was selected for the vacancy.
REQUEST 2:
For each vacancy listed in your response to the above question, provide the following:
a. A copy of the specific vacancy announcement,
b. A copy of the job description,
c. An unsanitized copy of each resume/application received,
d. A list identifying the names of those individuals interviewed for the vacancy,
e. Any and all documents/notes regarding the interview held, if any, with each individual,
f. A copy of any questions asked of those interviewed,
g. The name, race, sex, age and/or date of birth of the individual who was selected for the vacancy,
h. The date the individual was selected for the vacancy and the start date,
i. A copy of the completed personnel action form reflecting the selectee’s name and hire date,
j. The current status of the individual selected; if currently employed, give current job title, store name and location (if applicable); if no longer employed give the date of and reason for termination, and provide a copy of the termination document.
REQUESTS:
Provide a list of current employees by name, race, sex, age and/or date of birth, job title, work location (include city, state, and store name), full-time/part-time status and current home address and telephone number.

(Dkt. #1, Ex. 1.) On May 20, 2011, A’GACI filed a petition to modify or revoke the subpoena. (Dkt. # 1, Ex. 12.) A’GACI objected to the subpoena on two bases: first, the information requested was not relevant to Daiss’s charge, and second, the information would be in many instances impossible to provide. (Id.)

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84 F. Supp. 3d 542, 2015 U.S. Dist. LEXIS 14317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-agaci-llc-txwd-2015.