As we discussed in the introductory article in this series, OFCCP has argued that certain of the Supreme Court’s pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), do not apply because the Agency is arguably not subject to the Rule 23 requirement of demonstrating that “there are questions of law or fact common to the class.” OFCCP’