DOL Ruling Could Throttle Contractor Audit Challenges

By Evan Szarenski

Secretary of Labor Marty Walsh recently ruled that the Office of Federal Contract Compliance Programs does not need to show that it followed a neutral selection process in choosing which contractors must submit an affirmative action program and supporting documents in compliance evaluations.

While the practical effect may be limited — very few contractors challenge their selection on Fourth Amendment grounds — this ruling, in conjunction with prior OFCCP Fourth Amendment cases, removes the possibility of a contractor challenging the OFCCP’s selection process for almost all compliance evaluations.

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