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The Office of Federal Contract Compliance Programs has posted an updated list of non-objectors whose EEO-1 Type 2 data the agency intends to release in response to a Freedom of Information Act (FOIA) request.
In response to the FOIA request from the Center for Investigative Reporting (“CIR”) for Type 2 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. On February 2, 2023, we posted a list of all entities that, according to the agency’s records, were federal contractors that submitted Type 2 EEO-1 data between 2016-2020 and have not submitted objections to the release of this data (“List”). Shortly after publishing the initial List, the agency learned that it contained errors, including the inclusion of some contractors that had previously submitted objections.
Today, we have posted an updated List of non-objectors, which includes responses received as of February 10, 2023. This updated List is intended to reflect two things. First, it removes all contractors that objected prior to publication of the initial List. Second, it removes all entities that responded to us between February 2 and February 10, 2023, asserting either that they were not a federal contractor or otherwise objecting to their inclusion on the List and the disclosure of their data. The agency has not yet made any determinations regarding the substance or merit of these entities’ responses or objections and is removing these entities from the initial disclosure to CIR pending the agency’s determinations.
To further ensure the accuracy of our updated List, we are re-publishing it and providing another opportunity for contractors to review it and notify OFCCP as soon as possible, but no later than March 3, 2023, if they believe their entity has been improperly included on the List. We have also included the business addresses from contractor EEO-1 reports on this updated List to assist contractors in correctly identifying between entities with similar business names. The updated List is available at the following link: Non-Objector Contractor List.
Please note that this List is updated as of February 10, 2023. If you submitted a response or objection for the first time after that date, your entity may not yet have been removed from the List. If your entity is not listed, no action is necessary at this time.
After the close of the response period on March 3, 2023, OFCCP will publish a second updated list by March 10, 2023, which will remove contractors that submitted objections between February 10, 2023, and by March 3, 2023, from the initial disclosure to CIR while the agency evaluates 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.
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