US SECURITY ASSOCIATES (USSA) CHALLENGES OFCCP

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

On June 20, 2012, USSA filed an administrative complaint (OFC Case No. 2012-OFC-4) against the OFCCP on grounds that it violated its 4th Amendment rights in engaging in unreasonable search and seizure by selecting 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. Indeed, USSA has never been cited for violations in any prior audit. According to the complaint, one third of USSA’s approximately 29,000 workforce is currently subject to OFCCP audits. Interestingly, USSA currently has only $150,000 in federal contract money. In short, there are lots of unexplained audits over a short period of time for a company with a small amount of federal contract money and with no history of current or prior violations. This could get interesting.

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