In 2007, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) selected Frito-Lay for an audit by issuing a scheduling letter. The letter requested hiring data from the 2006 and part of the 2007 affirmative action years. The snack food maker complied.
Two years later, the agency requested hiring data for January 2008 to October 2009 claiming it had found a “statistically significant” difference in its hiring rate for women at its Dallas facility.
Frito-Lay refused, claiming the scheduling letter did not authorize the new data’s release. OFCCP moved to compel production. An administrative law judge agreed and OFCCP appealed to the Department of Labor’s Administrative Review Board (ARB), which reversed the decision. Frito-Lay appealed to a federal court noting that the original “statistically significant” difference turned out to be an error.
OFCCP is seeking to have the ARB determine whether the data is relevant given the error. Frito-Lay simply wants the matter dismissed.