OFCCP May Request Data That Post-Dates Scheduling Letter, Appeal Board Rules

The Office of Federal Contract Compliance Programs has regulatory authority to request data beyond the date of a scheduling letter where the request is motivated by a "deficiency," such as discriminatory adverse impact, discovered during a compliance review.

The ruling, in OFCCP v Frito-Lay, Inc., was made last week by the federal Administrative Review Board, which hears appeals in administrative cases involving the U.S. Department of Labor. ARB decisions can be appealed to the federal courts.

In the Frito-Lay matter, the company provided data for 2005 through 2007 in response to a July 2007 OFCCP scheduling letter. During its investigation, the agency determined there was a statistically significant hiring disparity (3.26 standard deviations) against women for the period between June 13, 2006 and December 31, 2007 (which indicates Frito-Lay had apparently already provided 6 months of data beyond the date of the scheduling letter). In November 2009, the OFCCP asked Frito-Lay to submit data for 2008 and 2009 as well, so that the agency could analyze whether the statistical disparity continued past 2007. The company refused, arguing the request was beyond the scope of the scheduling letter.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Constangy, Brooks, Smith & Prophete, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×