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ARTICLE · 31 JULY 2017

Administrative Law Judge Winnows OFCCPs Data Request

Littler Mendelson
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On July 14, 2017, an administrative law judge issued a 43-page set of recommendations and order ("Order") on the Office of Federal Contract Compliance Programs' ("OFCCP") data requests issued to Google...

United StatesGovernment, Public Sector
William Weissman
William Weissman
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On July 14, 2017, an administrative law judge issued a 43-page set of recommendations and order ("Order") on the Office of Federal Contract Compliance Programs' ("OFCCP") data requests issued to Google, significantly winnowing much of the OFCCP's voluminous requests. While the OFCCP may appeal the ALJ's Order, it represents a significant victory against unreasonably intrusive data requests by the OFCCP, while providing a good roadmap for when and how to push back against such data requests. Importantly, the Order has nothing to do with the merits of the OFCCP's audit, which is ongoing.

Background

The OFCCP is the agency within the Department of Labor charged with auditing government contractors to determine whether they are complying with certain contractually-imposed anti-discrimination and affirmative action obligations. While Google had been a covered federal government contractor at various times between 2007 and 2012, the company's obligation to submit to an

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