Notice of Extension of Deadline to March 3, 2023, to Object to Disclosure of EEO-1 Data, and Notice of Litigation

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In order to confirm the accuracy of the Office of Federal Contract Compliance Programs' (OFCCP) list of non-objectors, the agency is extending the timeline of its process to allow contractors additional time to report any inaccuracies. 

In response to the Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for Type 2 Consolidated EEO-1 data for all federal contractors during the 2016-2020 EEO-1 reporting years, OFCCP provided federal contractors with multiple notices and opportunities to object to the release of this data. 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.

The agency is working to expeditiously produce responsive information to CIR from contractors without objections, while also ensuring that any information that may be protected from disclosure under FOIA based on contractor objections is withheld so that OFCCP has an opportunity to evaluate those objections. 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. Accordingly, we will take the following steps:

• We are extending the time for contractors to respond from February 17, 2023, until March 3, 2023.
• We will post an updated list of non-objectors no later than February 17, 2023. This updated list will remove contractors that we have identified as incorrectly included on the February 2, 2023 list, including contractor responses submitted by February 10, 2023.  It will also remove all contractors that submitted objections after the publication of the February 2, 2023 list until February 10, 2023, while we evaluate these objections.
• After the close of the response period on March 3, 2023, the agency will publish a second updated list by March 10, 2023, which will remove contractors that submitted objections after February 10, 2023 and by March 3, 2023, while we evaluate these objections.  Contractors will then have one final opportunity to contact us no later than March 17, 2023, if they believe their company was improperly listed.

If a contractor wishes to object for the first time to disclosure on any other grounds aside from claiming they are not a federal contractor and were improperly included on the List, the objection must include an explanation as to why the contractor 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 March 3, 2023, at 11:59 p.m. EST, via the email address below and must include your organization’s EEO-1 unit number(s).  The Federal Register Notice and FAQs provide 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.

If you are not the appropriate contact for this notice, please forward this message to the appropriate contact within your organization to ensure your organization files a response by the deadline should it wish to do so.

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., EST, 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

Additional Information: Notice of Litigation

On November 15, 2022, the Center for Investigative Reporting and Will Evans filed a lawsuit in the Northern District of California against the Department of Labor under the FOIA, seeking the processing and release of all requested Type 2 Consolidated EEO-1 Report data (EEO-1) of federal contractors and first-tier subcontractors submitted in reporting years 2016-2020. The case number for this litigation is 3:22-cv-07182-WHA (N.D. Cal.).  This follows a decision in the same court involving the same plaintiff holding that certain companies' EEO-1s were not protected by Exemption 4 of the FOIA. Ctr for Investigative Reporting v. Dep’t of Labor, 424 F. Supp. 3d 771 (N.D. Cal. 2019)

The Department of Labor filed an Answer to the Complaint on January 18, 2023.  An initial Case Management Conference before Senior Judge William Alsup is scheduled for February 16, 2023.

Protecting Workers. Promoting Diversity. Enforcing the Law.