A recent ruling by an Administrative Law Judge (ALJ) regarding Item 11 requests has some important implications for both contractors and the OFCCP. The case, OFCCP v. United Space Alliance LLC, DOL, OALJ, No. 2011-OFC-00002, 2/28/11, can be found here.

Before discussing the case, it might be useful to briefly explain the process by which a federal agency obtains approval to request information from employers. When a federal agency such as OFCCP wants to collect information from employers, the agency is required to seek approval from the Office of Management and Budget (OMB) in accordance with the Paperwork Reduction Act (PRA). The purpose of the PRA is to ensure that the request does not create an unreasonable burden on the employer. Federal agencies are required to show OMB the time, money, and resources that will be required for the employer to generate the information being requested. OMB must evaluate the request and determine if the burde