Evaluating for the second time a dispute between the Equal Employment Opportunity Commission and an employment-test maker that sprouted from a case regarding a discrimination suit involving Kroger’s use of that company’s test in its hiring practices, the U.S. Court of Appeals for the Third Circuit has held that the company is obligated to turn over requested information to the EEOC.

Given the burden on the EEOC in attempting to prove a discrimination case, the court said, it was reasonable for it to seek more information on the test.