U.S. District Judge David Sam has ordered KUTV, a Salt Lake TV station, to show why he shouldn't make it obey a subpoena in a federal sex-bias investigation.
KUTV must appear at a hearing Nov. 28 at 1 p.m. to discuss the subpoena issued against it in July by the Equal Employment Opportunity Commission. The station's headquarters are in Nevada.Two years ago KUTV's former personnel director, Bonnie R. Egelund, West Valley City, filed a charge of discrimination with the EEOC's Phoenix office. She said she was fired because she was over 40 and a woman, although the company said it was because the station had a reduction in force.
She charged the company did not have a reduction in force.
Investigating whether KUTV had developed discriminatory tendencies, the EEOC issued the subpoena demanding personnel files of all employees terminated or laid off between July 22, 1985, and Feb. 22, 1986.
But a law firm representing KUTV wrote back to the commission, refusing to produce the documents on the grounds that the EEOC lacks jurisdiction. KUTV says the fact that Egelund signed a waiver the day she was fired, supposedly preventing the filing of a suit.
Whether the waiver does that, the EEOC responded, "is a matter to be decided at the time such a lawsuit is filed," the petition says. "The waiver does not divest the commission of its authority to investigate the charge of discrimination filed by Ms. Egelund."