Frito-Lay Appeals ARB Ruling Which Granted OFCCP Access to Data

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[author: Karen M. Tyner]

Executive Summary:  Frito-Lay Inc. has been involved in litigation with the Office of Federal Contract Compliance Programs (OFCCP) over the agency's ability to obtain data after the date of the compliance review scheduling letter.  The Company prevailed before the ALJ but on May 8, the Administrative Review Board (ARB) reversed the ALJ decision and ruled in favor of the OFCCP.  On June 5, 2012, the Company filed suit against the OFCCP in Texas federal district court in light of the ARB ruling.