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Equal Emp't Opportunity Comm'n v. Upstate Niagara Coop. Inc.

Dairy Co-Op Must Produce Records About Women Applicants to Two Years After EEOC Letter

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Order   Before the Court is plaintiff’s motion to compel (Docket No. 34). Responses were due by August 5, 2019 (Docket No. 35), but defendant sought an extension (Docket No. 36) which was granted (Docket No. 37). Responses then were due by August 12, 2019, with any reply by August 21, 2019 (Docket No. 37). Defendant responded with its attorney’s affidavit and exhibits and Memorandum of Law (Docket No. 42) and plaintiff filed its reply with counsel’s declaration and exhibit (Docket No. 43). The motion was deemed submitted (without oral argument) on August 21, 2019. BACKGROUND Plaintiff is the federal agency charged with “the administration, interpretation and enforcement of Title VII” (Docket No. 1, Compl. 3). Defendant is a dairy cooperative in this District, employing at least 15 employees (id.

12, 4). Gail Haas filed a charge with plaintiff alleging defendant violated Title VII, 42 U.S.C. §§2000e, et seq. (id. 6). Since 2009, plaintiff alleges that defendant “has engaged in unlawful employment practices at its three largest facilities located in Western New York” (id. 13), primarily in denying employment opportunities to qualified female applicants such as Haas (id.). Those practices allegedly deprived Haas and other qualified female applicants equal employment opportunities because of their sex (id. 14). Since 2009, defendant also failed to make and preserve relevant records (id. 15). On October 19, 2015, plaintiff issued to defendant a Letter of Determination (id. 7; Docket No. 8, Def. Atty. Decl., Ex. G) finding reasonable cause to believe that Title VII was violated and inviting defendant to conciliate the matter (Docket No. 1, Compl. 7). After discussions with defendant, plaintiff was unable to reach a conciliation agreement with defendant (id.

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