OFCCP Draft Bias Rule Overrelies On Statistical Significance

Law360 (February 25, 2020, 3:59 PM EST) -- The Office of Federal Contract Compliance Programs ended 2019 by releasing a notice of proposed rulemaking[1] attempting to codify procedures the agency uses to resolve alleged violations of systemic discrimination.

The regulation would establish differing standards for anecdotal evidence based on strength of presented statistical evidence, solidify the importance of practical significance, and clarify the procedures surrounding two formal notices, the predetermination notice, or PDN and notice of violation, or NOV.

The OFCCP will issue PDNs in matters premised on statistical evidence only when the statistical finding equates to three or more standard deviations (roughly 99% confidence rate), but will require anecdotal...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!