After years of wrangling, the end is nigh.
The U.S. Department of Labor has agreed to release EEO-1 Report data by February 25.
How did we get here?
As we previously reported, the Center for Investigative Reporting and its reporter Will Evans sued the USDOL over its refusal to produce the EEO-1 Reports of federal contractors in response to a request under the Freedom of Information Act.
The U.S. Court of Appeals for the Ninth Circuit ruled that EEO-1 Reports are not exempt from disclosure under FOIA. The matter was returned to the district court, and on February 5, the parties filed a stipulation outlining a process for release of contractors’ EEO-1 Reports.
The USDOL agrees to the following schedule:
February 11 (day after tomorrow). Release the EEO-1 Reports of the contractors that provided supporting information in the litigation (referred to as “bellwether contractors”).
Provide notice to all other contractors of USDOL’s intention to release EEO-1 Reports.
February 25. Release EEO-1 Reports of all contractors.*
*The stipulation notes that there is still a dispute over whether it was proper to withhold the EEO-1 Reports of 621 entities not considered to be contractors.
If the district judge accepts the stipulation, the EEO-1 Reports of all contractors (except the 621 entities still under contention) will be released on February 25.
The litigation involves the plaintiffs’ request for EEO-1 Reports for 2016 through 2021. It is not clear whether the USDOL plans to release EEO-1 Reports only for this time period, or whether the release will be more expansive. Presumably, the notice provided to contractors on February 11 will explain the scope of the USDOL’s release of information.
What should contractors do next?
At this point, there is little that contractors can do except prepare for the release of this information. Contractors should monitor their “in-boxes” on February 11 and afterward for communication from the USDOL or the Office of Federal Contract Compliance Programs for the notice referenced above.
We know that the Center and Mr. Evans have used EEO-1 Reports previously produced to argue that contractors are not doing enough to achieve diversity. Examples of their articles can be found here and here.
However, any new arguments that contractors’ diversity efforts are failing may go nowhere, given the Trump Administration’s negative stance on DEI programs.
For questions regarding how the release of EEO-1 Reports may affect your organization, please contact an attorney in Constangy’s EEO/Contractor Compliance, Reporting & Analytics Practice Group.
- Partner
Cara co-chairs Constangy’s practice groups relating to EEO/Contractor Compliance, Reporting & Analytics, and DEI Compliance. She advises employers on proactive strategies to help avoid litigation and has defended employers ...
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