by Matthew J. Roberts; J.D.; Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert, CalChamber
On August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register that it received a Freedom of Information Act (FOIA) request seeking all Type 2 EEO-1 Reports from 2016-2020.
The FOIA request originated in January 2019 from a Center for Investigative Reporting (CIR) reporter who, at the time, sought a “spreadsheet of all consolidated (Type 2) EEO-1 reports for all federal contractors for 2016.” Since then, however, the request has been amended several times to ultimately include Type 2 EEO-1 reports for all federal contractors, including first-tier subcontractors, from 2016-2020.
The purpose of the Federal Register notice is to solicit written objections from federal contractors that have filed these reports in this time frame or it may disclose the information pursuant to the FOIA request — disclosure that may result in employers experiencing unfair negative publicity based on incomplete and out-of-context data. But employers can help the OFCCP determine whether it may deny disclosure of Type 2 EEO-1 reports under a FOIA exemption.
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