Equal Employment Opportunity Commission v. Med-National, Inc.

186 F.R.D. 609, 1999 U.S. Dist. LEXIS 10232
CourtDistrict Court, D. Hawaii
DecidedMay 4, 1999
DocketNo. 99-00031HG
StatusPublished
Cited by1 cases

This text of 186 F.R.D. 609 (Equal Employment Opportunity Commission v. Med-National, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii 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. Med-National, Inc., 186 F.R.D. 609, 1999 U.S. Dist. LEXIS 10232 (D. Haw. 1999).

Opinion

ORDER GRANTING EEOC’S APPLICATION FOR AN ORDER ENFORCING ADMINISTRATIVE SUBPOENA

YAMASHITA, United States Magistrate Judge.

On March 5, 1999, Applicant Equal Employment Opportunity Commission (“EEOC”) filed an Application for an Order [611]*611Enforcing Administrative Subpoena. On April 1, 1999, Defendant-Respondent Med-National, Inc. (“Med-National”) filed its Memorandum in Opposition to the Equal Employment Opportunity Commission’s Application for an Order Enforcing Administrative Subpoena. On April 2, 1999, Med-National filed its Submission of Original Declarations in Support of Its Memorandum in Opposition to The Equal Employment Opportunity Commission’s Application for an Order Enforcing Administrative Subpoena Filed April 1, 1999. This Court held a hearing on this matter on April 5, 1999. At the hearing, this Court granted the EEOC leave to file a Supplemental Memorandum. On April 8, 1998, the EEOC filed such memorandum.

In its Motion, the EEOC seeks an order enforcing a subpoena previously served by the EEOC upon Respondent Med-National on January 15, 1999. The EEOC makes its Motion pursuant to Section 7(a) of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 626(a), Sections 9 and 11 of the Fair Labor Standards Act of 1938, 29 U.S.C. § 209 and 211, and Sections 9 and 10 of the Federal Trade Commission Act, 15 U.S.C. § 49 and § 50.

BACKGROUND

The subject of this EEOC investigation is Med-National, Inc., a Texas corporation based in San Antonio, Texas. Med-National is a medical staffing company that recruits and provides health care personnel to United States military bases by bidding for contracts let by the United States Government. The contracts require Med-National to obtain health care providers in different fields and practices to fill the government’s needs at various military bases throughout the United States.

On July 17, 1997, Dr. Frank Kajiwara, a 69 year old dentist, filed an application and letter of intent to work for Med-National as a contract dentist at Tripler Army Medical Center in Hawaii. Based on what Med-National claims was an incomplete credentials package, Med-National chose not to forward Dr. Kajiwara’s application to the Army for hiring.

On December 29, 1997, Dr. Frank K. Kaji-wara concurrently filed with the Hawaii State Civil Rights Commission and the EEOC discrimination charges alleging that Med-National wrongfully denied him employment because of his age in violation of Age Discrimination in Employment Act of 1967.

In order to investigate Dr. Kajiwara’s charge, the EEOC served upon Med-National its Request for Information (“RFI”) letter on December 30, 1997. The RFI letter required Med-National to submit information and documents regarding its hiring policies and practices for the relevant time period of December 1, 1996 to December 29, 1997. Med-National declined to turn over documents pertaining to applicants other than Mr. Kajiwara.

On April 24, 1998, the EEOC specifically requested copies of each peer and clinical questionnaire submitted on behalf of Dr. Ka-jiwara, and complete application packets of three individuals. Med-National again declined to comply.1

On January 8, 1999, the EEOC issued a subpoena requiring Med-National to submit all peer and clinical questionnaires provided to Med-National during the application process for the following eight individuals: Terry Codington; Kimberlee Feuqay; Nora K. Harmsen; Lester Robbins Henderson; Kristine Knutson; Douglas J. Kohlan; Arleen F. Regala; and Thuynga L. Vu. The subpoena was issued pursuant to the EEOC’s authority under 29 U.S.C. § 626(a) of the ADEA and EEOC Procedural Regulations 26.16, 29 C.F.R. § 26.16 (1999).

On January 21, 1999, Med-National declined to produce the requested information. Med-National maintained that the information could not be disclosed, because 10 U.S.C. § 1102 as well as applicable Army regula[612]*612tions, A.R. 40-68, Par. l-7i, prohibit the disclosure of any documentation generated or obtained during the application process.

On February 17, 1999, District Director of the EEOC, Susan McDufie, wrote to Med-National’s counsel requesting compliance with the subpoena. She argued that 10 U.S.C. § 1102 did not apply, and, assuming it did apply, that there was an exception for disclosure of materials to governmental civil law enforcement agencies. On February 28, 1999, counsel for Med-National reiterated his refusal to comply with the EEOC administrative subpoena dated January 8, 1999. Accordingly, the EEOC filed the present Motion on March 5, 1999.

STANDARD

The Ninth Circuit Court of Appeals enunciated the proper standard of judicial scrutiny in cases involving administrative agency subpoenas in EEOC v. Children’s Hospital Medical Center of Northern California, 719 F.2d 1426 (9th Cir.1983) (en banc). In Children’s Hospital, the court stated that: “The scope of judicial inquiry in an EEOC or any other agency subpoena enforcement proceeding is quite narrow.” Id. at 1428. The relevant questions to be addressed by the court are: “(1) whether Congress has granted the authority to investigate; (2) whether procedural requirements have been followed; and (3) whether the evidence is relevant and material to the investigation.” Id. Once this determination is made, the court must enforce the subpoena “unless the party being investigated proves the inquiry is unreasonable because it is overbroad or unduly burdensome.” Id. (citations omitted). An administrative subpoena thus may not be so broad so as to be in the nature of a “fishing expedition.” Peters v. United States, 853 F.2d 692, 700 (9th Cir. 1988).

DISCUSSION

There is no question and Med-National does not dispute that the EEOC has the power to issue administrative subpoenas. (Resp’t Mem. in Opp. at 4). Congress not only has authorized but requires the EEOC to investigate charges of discrimination. 42 U.S.C. § 2000e-5(b).2 To carry out its investigatory duty, the EEOC has access to “evidence of any person being investigated or proceeded against that relates to unlawful employment practices ... and is relevant to the charge under investigation.” 42 U.S.C. § 2000e-8(a).

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Bluebook (online)
186 F.R.D. 609, 1999 U.S. Dist. LEXIS 10232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-med-national-inc-hid-1999.