Are the federal and Minnesota audits different?
Minneapolis, MN business litigation attorney, Ryan Olson, talks about whether or not the federal and Minnesota audits are different from each other.
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The audits are a bit different, yes. They’re different in a couple of respects. In both audits, there’s an initial letter that’s used to commence the audit and there’s information that’s requested. On the federal side, it’s really numbers focused, if you will. On the state side it’s different they actually ask you questions regarding information related to last three racist discrimination complaints, for instance or documentation relating to any reasonable accommodation or any accommodation that was requested but not granted. And those are types of questions that are simply not requested in a federal _____ OFCCP.
Historically, another difference has been that the OFCCP has been a little bit more aggressive and a little bit more inclined to really jump in and seek make whole relief for discrimination victims. Whereas, it’s been viewed that the Minnesota Department of Human Rights has seen their auditing process as more of a teaching tool but their process has changed over the last two years so we’ll see what their new process looks like as it kind of unfolds.