DOL Ruling Could Throttle Contractor Audit Challenges

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.