Notice of Extension of Deadline to Object to Disclosure of EEO-1 Data
In order to provide additional notice of Freedom of Information Act requests the Office of Federal Contract Compliance Programs (OFCCP) has received for Type 2 EEO-1 data, and the deadline for objection, OFCCP is sending this e-mail to contractors that have identified themselves as federal contractors in EEO-1 reports filed in 2016-2017.
OFCCP’s August 19, 2022, Federal Register notice provided a deadline of September 19, 2022, for contractors to submit written objections to disclosure of the requested Type 2 EEO-1 Report data. 87 FR 51145. OFCCP is extending this deadline to October 19, 2022, to ensure that covered contractors have time to ascertain whether they are covered and submit objections. There are multiple reasons for the extension, to include the following:
- Since publication of that notice, numerous contractors and contractor representatives have contacted the agency requesting an extension of time to submit objections.
- Some federal contractors have raised questions regarding their efforts to verify whether they are included in the universe of Covered Contractors during the requested timeframe.
To address this second issue, we are sending this notice to contractors that we understand are covered by this Freedom of Information Act request, and that have identified themselves as federal contractors in EEO-1 reports filed in 2016-2020. We are sending this message to the email addresses provided with the EEO-1 submission for contractors that have identified themselves as federal contractors in EEO-1 reports filed in 2016 and 2017. We previously sent a similar message to contractors that have identified themselves as federal contractors in EEO-1 reports filed in 2018-2020, and plan to send a similar message to contractors that have registered in the Contractor Portal.
To view your organization’s past EEO-1 Reports, you may visit the EEO-1 Online Filing System. From the Company Dashboard, click on Historic Data (Prior EEO-1 Reports) to download prior year reports; EEO-1 Component 1 Reports from 2016-2020 are available. You may also email OFCCP at OFCCP-FOIA-EEO1-Questions@dol.gov to determine whether their data will be released under this FOIA request.
If you are not the appropriate contact for this notice, please forward this message to the appropriate department within your organization to ensure your company files a response by the deadline.
Background
In 2019, OFCCP received a FOIA request for Type 2 Consolidated EEO-1 Report data submitted by federal contractors and first-tier subcontractors. In June 2022, the FOIA request was amended to include all such data submitted by contractors and first-tier subcontractors from 2016 until 2020. Consistent with the U.S. Department of Labor’s disclosure regulations at 29 CFR 70.26(j), OFCCP is providing notice to contractors covered by this FOIA request through a published Notice in the Federal Register, an e-mail to all federal contractors for whom OFCCP has contact information, and this website.
The Federal Register Notice provides specific instructions and a list of questions that should be addressed by those contractors who wish to object to the disclosure of their Type 2 Consolidated EEO-1 Report data. To facilitate contractors’ written objections and the agency’s assessment of them, we have created the Submitter Notice Response Portal, to collect relevant information from contractors and their representatives that wish to object to the release of the requested data. Additional guidance regarding the FOIA request is also available on this page.
Use of Response Data Collected
The responses collected from this web form will be evaluated to determine whether the requested information includes confidential trade secret, commercial, or financial information that should be withheld pursuant to FOIA Exemption 4.
Frequently Asked Questions
Visit the OFCCP’s Submitter Notice Response Portal for frequently asked questions.
Timeline
To be considered, we must receive all objections by October 19, 2022.
Contact the OFCCP National FOIA Office
You may contact the OFCCP FOIA Help Desk by phone or email with any questions related to this process that we have not covered in our frequently asked questions. When calling about technical issues or other questions, please specify that you are calling in reference to the Submitter Notice Response Portal. Only responses or inquiries for the purpose of responding to the Federal Register Notice should be sent to the email address below. Responses sent elsewhere may not be acknowledged or accepted. Please note that our business hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday.
You may contact us at the information below.
National FOIA Office
Office of Federal Contract Compliance Programs, U.S. Department of Labor
Helpdesk Number: 1-800-397-6251, or Email: OFCCPSubmitterResponse@dol.gov
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