U.S. Equal Employment Opportunity Commission v. Aaron Bros.

Proceedings: IN CHAMBERS (No Proceedings Held)

On September 24, 2007, this Court granted in part an application by the U.S. Equal Employment Opportunity Commission (“EEOC”) for a subpoena to retrieve employment information from Respondent Aaron Brothers Inc. (“Aaron Brothers”). Although the Court narrowed the scope of the original subpoena, it permitted the EEOC to come back to the Court if its initial investigation warranted a broader subpoena. The EEOC has now filed a Motion for Modification of the September 24, 2007 Order based on its representation that it has found statistical evidence of systematic discrimination by Aaron Brothers. For the reasons stated below, the Court GRANTS the motion.

I. BACKGROUND

In January 2005, Jessica Fairley filed a charge with the EEOC alleging that Respondent Aaron Brothers, a subsidiary of Respondent Michaels Stores, Inc., paid her less than her male colleagues because of her sex, and that she was retaliated against for complaining about the alleged disparity. She also alleged that “[o]ther females as a class are paid less than males.” The EEOC began investigating the allegations, and on June 22, 2006 it issued Subpoena No. SD-06-012,…