Frito-Lay Appeals ARB Ruling Which Granted OFCCP Access To Data

Executive Summary:  Frito-Lay Inc. has been involved in litigation with the Office of Federal Contract Compliance Programs (OFCCP) over the agency's ability to obtain data after the date of the compliance review scheduling letter.  The Company prevailed before the ALJ but on May 8, the Administrative Review Board (ARB) reversed the ALJ decision and ruled in favor of the OFCCP.  On June 5, 2012, the Company filed suit against the OFCCP in Texas federal district court in light of the ARB ruling. 

The case began with an audit scheduling letter on July 13, 2007.  During the desk audit phase Frito-Lay provided personnel activity data from July 13, 2005 through the end of 2007.  Eventually the OFCCP requested personnel activity data for January 1, 2008 through October 31, 2009.  When the Company refused, the OFCCP filed an administrative complaint.  On July 23, 2010, the ALJ ruled in favor of Frito-Lay, interpreting the OFCCP regulations to allow the OFCCP to review