May 2012

The Frito-Lay ARB Decision: Trouble Ahead for Contractors

OFCCP v. Frito-Lay, Inc., ARB Case No. 10-132 (May 8, 2012), Appeal to Federal District Court coming

ISSUE: “This case involves the question whether *** OFCCP has authority to request certain data relating to *** Frito-Lay, Inc’s *** AAP as part of a 2007 Desk Audit.”

ALJ HAD HELD: On July 23, 2010, “[e]ssentially, the ALJ concluded that there was a temporal scope to the 2007 Desk Audit that precluded OFCCP from requesting 2008 and 2009 AAP data.”

ARB HELD: “We reverse and order Frito-Lay to comply with the OFCCP data request.” *** “We find that OFCCP clearly has discretion to request AAP data covering activity occurring after the Scheduling Letter in the specific circumstances of this case (fn omitted.)” *** “We conclude that OFCCP has regulatory authority to request the 2008 and 2009 AAP data in furtherance of its 2007 Desk Audit.”

This ARB has now revealed itself to be:

  1. Results oriented to favor OFCCP

    (Final Order was repea