In August 2013, Adverse Impact (AI) analysis received one of the most important judicial clarifications rendered since its formal Supreme Court codification in 1971. Administrative Law Judge Kenneth A. Krantz ruled in favor of VF Jeanswear (VF) and denied OFCCP’s request for summary judgment against VF. In his decision, Judge Krantz formally clarified and articulated a judicial position on methods of grouping races for AI analyses. While it is common for White versus non-Whites (grouping all non-White individuals) in AI analyses, Judge Krantz concluded that other race groupings, such as “non-Asians” (in VF), is not a race group, both in common parlance and by law, and therefore, the OFCCP’s race discrimination claim against VF had no basis.

In October 2016, a little over three (3) years after the VF decision, LandCare USA, LLC was found to have discriminated against non-Hispanics at their Las Vegas, Nevada facility and entered into a financial settlement with the OFCCP.

Beyond the