BATTLE BETWEEN US SECURITY ASSOCIATES (USSA) AND OFCCP CONTINUES

by Art Gutman Ph.D., Professor, Florida Institute of Technology

We have twice reported on USSA’s battle with the OFCCP. In an Alert dated July 12, 2012, USSA filed an administrative complaint against the OFCCP on grounds that it violated it’s 4th Amendment right by engaging in unreasonable search and seizure (OFC Case No. 2012-OFC-4). The OFCCP selected 21 of its establishments for audits in the span of less than a year, and that it did so without reference to a “neutral administrative plan” or evidence of any current violation. USSA had never previously been cited for any violations.

Then, in an Alert dated September 24, 2012 we reported that ALJ Stephen L. Purcell dismissed the complaint on grounds that the OFCCP lacks “subject matter jurisdictions” ruling, in effect, that 4th Amendment challenges belong in federal court.

Now we learn that on January 17, 2013, the OFCCP filed a complaint with its Office of Administrative Law Judges (OALJ), calling for USSA to provide, under the threat of cancellation of current documents and debarment from future contracts “all documents and information requested, cooperate with scheduled compliance reviews and fully comply with the requirements of all laws enforced by the agency” (see http://www.dol.gov/opa/media/press/ofccp/OFCCP20130030.htm#.UPhmoGcZ98E).

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