OFCCP alerts contractors to release of EEO-1 Reports

Notices have gone to some contractors who objected to the release.

As we previously reported, the Office of Federal Contract Compliance Programs received a Freedom of Information Act request for the consolidated EEO-1 Reports of all federal contractors from 2016 through 2020. The OFCCP provided contractors an opportunity to object to the disclosure of their EEO-1 Reports, and the extended deadline for objections was October 19.

The OFCCP is now notifying by email contractors who purportedly did not object that it will release their consolidated EEO-1 Reports:

The objection period is now closed, and we are sending this message to confirm we have not received an objection from your organization regarding release of the requested data. Because we have received no objection, we are providing your organization with notice that its Type 2 EEO-1 data is subject to release under FOIA, and OFCCP intends to release this data after January 2, 2023.

(Emphasis in original.)

This notice, however, has been sent to many contractors who did file timely objections. Fortunately, the OFCCP is allowing contractors to alert the agency of its error:

If you believe this determination is in error — for instance, if you believe you were not a federal contractor during the relevant period, or that you did submit a timely objection — please contact our offices as soon as possible, but no later than January 2, 2023, via the contact information below. If you contact us by email, please provide in the email your organization’s unit number and any information supporting your belief that your Type 2 EEO-1 data is not subject to release.

(Emphasis in original.)

If your organization filed an objection and received this communication from the OFCCP (which appears to be directed to the email address provided on the EEO-1 Reports), you should email the agency and provide documentation of your timely objection. Communications to the OFCCP about this mistake should be directed to OFCCP-FOIA-EEO1-Questions@dol.gov, and we recommend requesting that the agency confirm receipt of the contractor’s objection.

In addition, the individual and organization behind the FOIA request for the EEO-1 Reports, Will Evans and The Center for Investigative Reporting, have filed a lawsuit against the U.S. Department of Labor seeking an injunction ordering the agency to release the consolidated EEO-1 Reports of contractors. Because the lawsuit is only against the DOL, no action is required by federal contractors at this time. However, any contractor who objects to release of its EEO-1 Reports could seek to intervene in the action to ensure that its interests are protected.

Our Affirmative Action Alert blog focuses on the latest news and topics affecting federal contractors and subcontractors and their compliance with affirmative action and other employment-related laws and regulations.  With breaking news, quick updates, and headlines on the Office of Federal Contract Compliance Programs and affirmative action issues, this blog is a great resource for in-house counsel, HR managers, and other compliance professionals.  Our blog is a companion to Constangy’s Affirmative Action newsletters, which address significant legislative, regulatory, and administrative proposals and changes.  Subscribe to both to stay current on these important topics!

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