Judge Rejects Contractor’s Challenge To Audit-Selection Process

A recent ruling by a Labor Department Administrative Law Judge (ALJ) shows the uphill battle that contractors face when challenging OFCCP requests

The October 23 ruling by the ALJ in OFCCP v. Convergys Customer Management Group, Inc., is particularly troublesome because it effectively eliminates a contractors ability to challenge the company’s selection for an OFCCP compliance review unless and until the agency seeks an on-site review. In other words, the contractor will be required to turn over detailed information to the agency as part of the desk audit before it can raise an objection – no matter how legitimate – that it should not have been selected, and even then only if OFCCP says it plans to come on-site.

A copy of the ALJ’s Recommended Decision and Order in OFCCP v. Convergys Customer Management Group, Inc. is available online here.

Convergys has appealed the ALJs recommended decision and order to the Department of Labors Administrative Review Board (ARB).