Federal contractors, open a bag of Frito-Lays in honor of their win against the OFCCP.
The facts are as follows: On July 13, 2007, the OFCCP sent Frito-Lay a Scheduling Letter to its Dallas Baked Snack facility. As many of you know Item 10 of the Scheduling Letter requests “Data on your employment activity (applicants, hires, promotions and terminations) for the preceding AAP year and, if you are six months or more into your current AAP year when you receive this listing, for the current AAP year.” Frito-Lay submitted all requested information including the first six months data of the current AAP year since the date of the Scheduling Letter was more than six months into the current AAP year. OFCCP conducted their desk audit review and discovered adverse impact in hiring of females. Over a year later, on November 10, 2009, in an effort to determine if adverse impact went beyond the dates of the data submitted, OFCCP requested Frito-Lay submit 2008 and 2009 applicant and hire data.
The issue in this case “is whether the temporal scope of the des