U.S. Attorney General Merrick Garland recently issued new guidelines reminding federal agencies that the federal Freedom of Information Act (FOIA) favors transparency and the disclosure of information in the government’s possession. Although the new guidelines don’t alter FOIA’s current exemptions from disclosure, the guidelines do send a strong signal that as a matter of policy the Biden Administration encourages the public disclosure of information held by federal agencies whenever arguably permitted by FOIA.
Most pertinently to Employers and federal contractors alike, it is unclear how, if at all, the Garland guidelines will impact public disclosure of the sensitive EEO data and other confidential business information companies routinely have to submit to federal agencies such as the Equal Employment Opportunity Commission (EEOC) and the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP).
Members of the Center for Workplace Compliance (CWC) can read more here.