McLane Company supplies and distributes goods to retailers. McLane requires employees with physically demanding jobs to take physical evaluations. Damiana Ochoa had such a job with McLane for eight years before she took maternity leave. When she returned to work, she failed the evaluation and was fired. She filed a discrimination complaint with the Equal Employment Opportunity Commission. The agency issued a subpoena—a document ordering a person or employer to attend court—

seeking the names of employees who had taken the evaluation throughout McLane’s national operations. An employer has a legal obligation, and an ethical duty, to comply with a subpoena unless compliance would be “unduly burdensome.”

What practical factors could affect an employer’s ethical choice not to comply? Discuss.