A federal judge ruled Wednesday that Schwan's must turn over a trove of records to the federal Equal Opportunity Employment Commission, which is investigating a sexual discrimination case against the Marshall, Minn.-based frozen food delivery company.
Kim Milliren, a former employee, filed a complaint in June 2007, claiming that shortly after she joined Schwan's she was met with sexually derogatory comments and sexually explicit e-mails sent by a Schwan's vice president. When she complained, she was criticized and demoted, Milliren said.
Schwan's initially turned over information requested by the EEOC, but then balked at a subpoena seeking more extensive records. Among other things, the EEOC asked for a list of all 600 of Schwan's general managers, their names, gender and date of hire, as well as documentation of how people were selected for the company's general manager program. Milliren was in a training program for managers.
Schwan's argued in court that the EEOC's requests were irrelevant, "overly burdensome" and "an impermissible abuse of [the EEOC's] investigative authority."
But U.S. District Judge John Tunheim ruled that Schwan's hasn't shown adequate cause for its failure to comply with the subpoena. He ordered Schwan's to turn over all documents requested no later than July 21.
Nicholas Pladson, an attorney for the EEOC, said Tunheim's ruling showed Schwan's contention that the EEOC had abused its power "had zero merit."
An attorney for Schwan's didn't return calls seeking comment. Schwan's can appeal Tunheim's decision to the Eighth U.S. Circuit Court of Appeals.
Mike Hughlett • 612-673-7003
