Federal Contractors Have Until Oct. 19th to Object
In June 2022, the Office of Federal Contractor Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all Type 2 EEO-1 Reports filed from 2016 through 2020. On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published notice in the Federal Register to advise employers that in response to a FOIA request, it is planning to produce the confidential information. However, the OFCCP has reason to believe that the information requested may be protected from disclosure under FOIA Exemption 4 but has not yet determined whether the requested information is protected under that exemption. Employers were given until September 19, 2022 to file written objections to prevent the disclosure of their information. This deadline has been extended to October 19th, 2022.
Written objections must be received by OFCCP no later than October 19th, 2022. To facilitate this process, the OFCCP has created a web form through which Covered Contractors may submit written objections, which can be found at https://www.dol.gov/agencies/ofccp/submitter-notice-response-portal. OFCCP strongly encourages Covered Contractors that wish to submit written objections to utilize this web form to facilitate processing. Contractors may also submit written objections via email at OFCCPSubmitterResponse@dol.gov.
Employers who have at least 100 employees and federal contractors and subcontractors who have at least 50 employees are required to submit an EEO-1 Report annually. However, the potential disclosure is applicable only to federal contractors and subcontractors. A federal contractor or subcontractor is impacted if they filed a Type 2 EEO-1 Report for one or more years between 2016 and 2020. The Type 2 Consolidated Report is generated by the EEO-1 reporting system and covers the entire corporate enterprise, aggregating all subsidiaries and locations in a single report. The potential disclosure is applicable only to federal contractors and subcontractors that file for multiple establishments because employers with only a single location do not file a Type 2 Report.
You may contact the OFCCP FOIA Help Desk by phone or email with any questions related to this process:
National FOIA Office
Office of Federal Contract Compliance Programs
U.S. Department of Labor Helpdesk Number:
Additional information can be found here: https://www.federalregister.gov/documents/2022/08/19/2022-17882/notice-of-request-under-the-freedom-of-information-act-for-federal-contractors-type-2-consolidated