DOL Audit Results No Defense in Pay Discrimination Trial

An Iowa furniture maker can’t rely on the results of a Labor Department compliance audit to defend its pay practices during a sex discrimination trial, the Eighth Circuit affirmed April 3 (Dindinger v. Allsteel, Inc., 2017 BL 107720, 8th Cir., No. 16-1305, 4/3/17).

The issue of whether audit results from the DOL’s Office of Federal Contract Compliance Programs can be admitted as trial evidence in private employment discrimination litigation doesn’t appear often.

“We didn’t find any evidentiary rulings on point where the issue of admissibility for OFCCP audits had been addressed,” attorney Ann Brown of Ann Brown Legal ...