Frito-Lay Decision Sets Cap on Compliance Reviews

HR.BLR.Com April 05, 2011 Contractors everywhere sat up and took notice when an Administrative Law Judge (ALJ) recently decided to set a cap on the period of time that can be covered and for which data can be requested during an OFCCP compliance review. In Frito-Lay v. OFCCP, the ALJ held that the period for which data can be requested is limited by both 41 CFR Sec. 60-1.20(a)(1), and the Federal Contract Compliance Manual (FCCM), the “rules book” for OFCCP’s compliance officers. In the Frito-Lay case, OFCCP requested that the company provide workforce data for 2 years after the initial compliance review period after OFCCP identified adverse impact. The company refused, citing the OFCCP Scheduling Letter that only requests data for the previous AAP year and current AAP year (if more than 6 months into the current plan). In addition, Frito-Lay cited OFCCP’s regulations and the FCCM, which establish the time period for potential discrimination cases as only back 2 years from the date of the scheduling letter. Full Story: http://hr.blr.com/HR-news/Discrimination/Affirmative-Action/Frito-Lay-Decision-Sets-Cap-on-Compliance-Reviews-/