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U.S. Equal Employment Opportunity Commission v. Loyola University Medical Center

October 13, 2011

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, APPLICANT,
v.
LOYOLA UNIVERSITY MEDICAL CENTER, RESPONDENT.



The opinion of the court was delivered by: Charles P. Kocoras, District Judge:

MEMORANDUM OPINION

This matter is before the Court on the Equal Employment Opportunity Commission's (the "EEOC") Application for Order to Show Cause Why A Subpoena Should Not Be Enforced against Loyola University Medical Center ("Loyola"). The EEOC issued the subpoena in the course of an investigation of an alleged violation of Title I of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. §12112(d)(4). For the reasons set forth below, the EEOC's Application is denied.

BACKGROUND

The EEOC is investigating a charge of employment discrimination alleged by Pamela Degliomini ("Degliomini"), a former employee of Loyola. On August 19, 2008, while she was employed at Loyola, Degliomini was required to submit to a "fitness for duty exam" ("FDE"). The FDE consisted of a blood test, a breath alcohol test, and a medical exam. Upon the completion of the physical portion of the examination, Loyola also suggested that Degliomini submit to a psychiatric evaluation.

Shortly thereafter, Degliomini filed a charge of employment discrimination against Loyola with the EEOC. The charge stated that Loyola had "subjected her to medical tests" and that had been "discriminated against based on a disability" in violation of the ADA. The EEOC subsequently initiated a formal investigation of Degliomini's charge.

In the course of its investigation, on February 16, 2011, the EEOC issued a Request for Information from Loyola (the "Request"). The Request included, inter alia,

(1) a list of employees who were ordered by certain supervisors to take FDEs since January 2008, (2) the results of the evaluations and the types of testing performed on those individuals, and (3) the reasons each listed employee was required to submit to the FDEs.

Loyola promptly responded to the request and stated that only one employee had been required to submit to an FDE by the specified supervisors. However, Loyola refused to disclose the name of the individual, the results of the test, or the circumstances surrounding the request for the test. In support of its refusal, Loyola cited various federal and state confidentiality laws that it claimed did not permit disclosure of the requested information In an effort to compel Loyola to produce the requested information, the EEOC issued Subpoena No. CH-11-87 (the "Subpoena") on February 25, 2011. While the initial Request was limited to information regarding FDEs requested by specific supervisors, there was no such limitation in the Subpoena.

The Subpoena demanded the following information of every individual subjected to an involuntary FDE since January, 2008:

* The name, job title, address, and telephone number of each employee tested;

* The date and reason that each employee was tested;

* The name and position of the individual who required each test;

* Any documentation, including medical records and witness statements, to support the reason for ...


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