On June 24, a Department of Labor Administrative Law Judge denied J.P. Morgan Chase’s motion for summary judgment seeking to dismiss an OFCCP enforcement action. The ALJ’s decision was preliminary in nature, but contains important guidance on the temporal scope of OFCCP’s compliance reviews and the agency’s ability to prosecute alleged pay discrimination that allegedly occurred years after the two-year compliance review period.
This decision continues an ongoing trend of ALJ rulings permitting OFCCP to seek and rely upon alleged evidence of discrimination outside of the review period. Because OFCCP can take years to complete complex audits, a contractor’s potential post-review period liability can extend longer than its liability for the actual review period.
