Updated Notice Regarding February 17, 2023, Deadline for Federal Contractors to Assert EEO-1 Type 2 Data Should Not be Released – Action Needed – (February 10 Update Bolded Below)
The Office of Federal Contract Compliance Programs is sending this notice as a final attempt to provide information to all contractors subject to the CIR Freedom of Information Act (FOIA) request and to extend the response deadline from February 7, 2023, to February 17, 2023, for contractors on the non-objectors list.
In response to the FOIA request from the Center for Investigative Reporting for Type 2 Consolidated EEO-1 data for all federal contractors during the 2016-2020 EEO-1 reporting years, the Office of Federal Contract Compliance Programs provided federal contractors with multiple notices and opportunities to object to the release of this data. We are sending this final notice to all contractors for whom the agency has email addresses from the EEO-1 reports, OFCCP’s Contractor Portal, and the FOIA mailboxes.
Recently, we compiled a list of all entities that, according to our records, were federal contractors that submitted Type 2 EEO-1 data between 2016-2020 and had not submitted an objection to the release of their data. On February 2, 2023, to confirm the accuracy of this list of entities, we posted this list on our OFCCP Submitter Notice Response Portal The agency shared this information publicly because it is aware that it may not have current email addresses for the entire universe of contractors encompassed by this FOIA request for years 2016-2020. We have made multiple efforts to reach covered contractors including a Federal Register Notice, posting on our webpage, messages sent to our GovDelivery mailing list, and individualized emails to all contractors for whom OFCCP has email addresses from the EEO-1 reports, OFCCP’s Contractor Portal as well as contact information provided in contractors’ submission of objections and the FOIA mailboxes. The deadline for contractors on the non-objectors list to respond to OFCCP was February 7, 2023, and this deadline has now been extended to February 17, 2023.
We ask all recipients of this message to consult the posted list, if you have not already done so, and to promptly respond if you believe that your entity is incorrectly included on this list. This is a final notice to all contractors that we are extending the deadline to February 17, 2023, to respond to OFCCP for any of the following reasons:
- Your organization has previously submitted an objection to the disclosure of their EEO-1 data;
- Your organization is on our list of non-objectors and you believe your organization was not a federal contractor during the relevant period; or
- There are entities associated with your organization that should be covered within the objection that you have already filed. This includes merged companies, subsidiaries, and any additional entity information needed to confirm the objection.
If you believe that your entity is incorrectly included on this list, you must respond to our office as soon as possible. If you provide an objection to disclosure on any other grounds, it must include an explanation as to why you did not object in response to previous notices that we have issued, and why there is good cause for us to accept the objection at this point. If we determine that there is good cause for why the objection was not filed in response to the previous notices provided by the agency, the agency may, at its discretion, consider the substance of the late-filed objection.
All responses must be received no later than 11:59 p.m. EST on February 17, 2023, via the email address below. Your response must include your organizations’ EEO-1-unit numbers and include information supporting your contention that your entity was not a federal contractor during this period or has previously submitted an objection to release.
We appreciate your cooperation. This FOIA request spans five years and is unprecedented in scope for OFCCP. We are working to produce the responsive information expeditiously, while also withholding from release materials that are protected from disclosure under FOIA. To this end, we are performing additional quality assurance checks to confirm those contractors that have not objected and for which EEO-1 data is subject to disclosure in response to this FOIA request.
If you are not the appropriate contact for this notice, please forward this message to the appropriate department within your organization.
For more information on this FOIA request for EEO-1 data, please visit https://www.dol.gov/agencies/ofccp/faqs/submitter-notice-response.
Contact the OFCCP National FOIA Office
You may contact the OFCCP FOIA Help Desk by phone or email with any questions related to this message. 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
Email: OFCCP-FOIA-EEO1-Questions@dol.gov
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