Lexology
Husch Blackwell LLP
USA
November 17 2011
Posted by Deena Jenab
Chief Judge Royce Lamberth's 46-page decision in United Space Alliance, LLC v. Solis, No. 11-746 (D.D.C. Nov. 14, 2011), introduces new uncertainties for contractors facing OFCCP investigations. The case arose from a 2009 OFCCP desk audit of United Space Alliance's facility in Cape Canaveral, Florida. Applying DOL's established practices to the initial compensation data provided by United Space Alliance revealed no discriminatory pattern. But DOL sought additional information because "it appeared that women were earning less more frequently than men." United Space Alliance refused, calling the request "unjustified."
United Space Alliance challenged the DOL's order to produce the additional information in court, asserting violations of the Fourth Amendment, the Administrative Procedure Act, the Fifth Amendment, and the Paperwork Reduction Act. The basic theory behind the lawsuit was that OFCCP was limited to using its published methodologies in identifying discrimination. Since the initial analysis revealed no discriminatory pattern in the compensation data, United Space Alliance argued that OFCCP was not permitted to request additional data or to conduct additional data analysis.
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