OFCCP Sends Notice of Intent to Release EEO-1 Data to Non-objecting Contractors

On August 19, 2022, as discussed in previous alerts, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) notified its federal contractor base that the OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first-tier subcontractors (contractors) from 2016 to 2020.

Contractors had until October 19, 2022, to file their individualized objections to the production of their EEO-1 reports.

On November 22, 2022, the OFCCP began emailing individual contractors to confirm that the contractor did not file an objection during the 60-day period and to provide notice that the agency intends to release their FOIA requested EEO-1 data (e.g., the 2016–2020 Type 2 consolidated reports) after January 2, 2023.

The notice also instructs contractors to contact the OFCCP no later than January 2, 2023, if they believe the agency’s determination to release their EEO-1 reports is in error because: (1) the contractor timely submitted an objection; or (2) the organization was not a federal contractor during the relevant period. Contractors that did not object prior to October 19, 2022, may still do so now, but must also provide an explanation for why they did not timely object during the 60-day objection period. If the OFCCP determines that there is good cause that the contractor failed to file its objection during the original 60-day objection period, the OFCCP may exercise its discretion to consider the substance of the late-filed objection.

This developing situation may be covered further in future alerts as more information is made available. If you have any questions, please contact a member of Faegre Drinker’s affirmative action and OFCCP compliance team.