As the dust finally settles from OFCCP’s new scheduling letter, the true impact of the new audit reporting requirements is becoming clearer. Despite the Agency’s lofty equal pay initiatives and new regulations, the item giving audit defense practitioners the most headaches right now is the request for inclusion of sub-minority race data for applicants and hires.1

Adverse impact analyses of employers’ hiring processes have always been and continue to be the Agency’s “bread and butter.” Applicant-to-hire adverse impact is by far the most successful enforcement technique for OFCCP in identifying systemic discriminatio