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

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Costangy, Brooks and Smith LLP5/16/2012The 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. Full Story: http://www.jdsupra.com/post/documentViewer.aspx?fid=909a0f70-e000-4f5e-b9b4-390eadbd5bc2