McLane Company is a supply-chain services company that distributes goods to retailers. McLane requires employees with physically demanding jobs to have physical evaluations, both when they start work and when they return after medical leave. After working in a physically demanding job for McLane for eight years, Damiana Ochoa took maternity leave. When she returned to work, she failed the physical evaluation and was fired. She filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). The agency issued a subpoena—an order to appear in court—seeking the names and contact information of McLane employees who had been asked to have evaluations throughout the company’s national operations. [McLane Co. v. EEOC, __ U.S. __, 137 S.Ct. 1159, 197 L.Ed.2d 500 (2017)] (See Title VII of the Civil Rights Act.) 

(a) On what legal ground might McLane legitimately refuse to comply with the EEOC’s subpoena? What practical factors could affect the choice not to comply? Discuss. 

(b) Using the IDDR approach, consider whether McLane has an ethical duty to comply with the subpoena.