OFCCP'S Expansive Pay Data Request Rejected by Federal Judge

July 21, 2017

In a case illustrating overreach by the OFCCP, a federal administrative law judge has pushed back against its demand for salary history data during a random compliance audit because the agency's assertion that widespread pay disparities among men and women exist at Google's headquarters is "legally questionable and factually unsupported."  Administrative law judge Steven Berlin said he wouldn't force Google to turn over salary histories dating back to the company‚Äôs founding in 1998, well before it was a federal contractor, because DOL failed to show the data was sufficiently relevant to the audit to outweigh the burden that collecting the information would pose to the company.  Judge Berlin also denied OFCCP's demand for data on employees' date of birth, place of birth, citizenship, and visa status because it "exceeds OFCCP's authority."  While Judge Berlin allowed OFCCP to collect much of the data it requested, his decision clearly set limits on what the agency could request, particularly "without a minimal showing of relevance."