Florida Hospital of Orlando received good news on Friday when the Administrative Review Board (ARB) found in their favor and concluded OFCCP could not subject the hospital to a compliance review.  While this decision answers the outstanding question of OFCCP jurisdiction for Florida Hospital, it is by no means establishes a blanket exemption for others,

In the recent Tenth Circuit Court of Appeals case, Apsley v. Boeing Co., the Court rejected statistical evidence offered by a class of approximately 700 older workers because the evidence inappropriately lumped together thousands of hiring decisions. 

 Plaintiffs’ statistical evidence analyzed the multi-facility workforce together as a whole and concluded there were five standard deviations