OFCCP Addresses FAQS on Ricci V. Destefano

The first of five FAQs summarizes the Ricci ruling and the remaining four address whether Ricci affects how the OFCCP will conduct compliance evaluations; whether Ricci alters contractor obligations relating to affirmative action and test validation; what contractors should do in light of Ricci; and how the OFCCP will address company decisions to not use tests or other selection procedures because of potential adverse impact litigation. In its answers, the OFCCP asserts that Ricci will not affect how adverse impact of tests and other selection procedures are evaluated; that it will not alter affirmative action obligations of contractors; and that the OFCCP will continue to use the Uniform Guidelines on Employee Selection Procedures (UGESP) in adverse impact evaluations, particularly as relates to job analysis and test validation procedures. Perhaps most importantly, the OFCCP asserts that it will examine complaints on refusal to use tests or other selection procedures to assess whether there is a strong basis in evidence for the refusal, which is consistent with the majority ruling in the Ricci case. The full report on the FAQs is available at http://www.dol.gov/ofccp/regs/compliance/faqs/Ricci_FAQ.htm

    Stay up-to-date with DCI Alerts, sign up here:

    Advice, articles, and the news you need, delivered right to your inbox.


    Stay in the Know!