OFCCP will release the EEO-1 Type 2 Reports for thousands of contractors for the 2021 filing year unless the contractors file a written objection with OFCCP by December 9, the agency announced October 29, 2023. The release will occur in response to Freedom of Information Act requests from the University of Utah and a non-profit organization named As You Sow.
The FOIA requests concern only the contractors’ consolidated EEO-1 Reports for 2021, which did not include Component 2 compensation data.
OFCCP said it suspects that FOIA Exemption 4—which protects disclosure of confidential commercial information—may shield the requested information but said it has not yet decided.
The agency created a webpage with information on filing an objection. It includes an online Submitter Notice Response Portal and 20 Frequently Asked Questions.
Unless a contractor objects, OFCCP will release the data after December 9. If OFCCP decides to withhold an objecting contractor’s data, it will inform the contractor and FOIA requester. If OFCCP decides to release the data, it will tell the contractor the release date and the reason it denied the objection.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.