Lawyer Commentary Mondaq United States OFCCP Announces FOIA Request For Certain Contractor EEO-1 Reports

OFCCP Announces FOIA Request For Certain Contractor EEO-1 Reports

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WHAT: The U.S. Department of Labor's Office of Federal Contract Compliance Programs announced that it has received a request under the Freedom of Information Act for all consolidated "Type 2" EEO-1 reports for federal contractors and first-tier subcontractors for the years 2016 to 2020. These Type 2 reports provide summary-level "demographic data for all employees at headquarters as well as all establishments, categorized by race/ethnicity, sex, and job category."

The notice announces that OFCCP is evaluating whether the reports fit within FOIA's so-called Exemption 4 for "trade secrets and commercial or financial information obtained from a person and privileged or confidential." The notice invites objections to release within 30 days and includes questions targeted at Exemption 4 for responding contractors. The notice further advises that contractors not responding will be deemed to have no objection to release of their reports.

WHEN: OFCCP's notice appeared in the Federal Register on August 19, 2022. Contractors have until September 19, 2022 to submit objections.

HOW TO SUBMIT OBJECTIONS: Contractors may submit objections either through an online portal OFCCP established for this request or by email...

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