The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has extended until October 19, 2022, the deadline for federal contractors to file objections under the Freedom of Information Act (FOIA) to the agency’s planned disclosure of thousands of consolidated Employer Information (EEO-1) Reports. The original deadline was September 19, 2022. The “Type 2” EEO-1’s in question cover filing years 2016 through 2020.
Please note that technically, EEO-1 reports are filed with the U.S. Equal Employment Opportunity Commission (EEOC). Although federal law prohibits the EEOC from disclosing EEO-1 data to the public, the EEOC shares the EEO-1s with OFCCP pursuant to an interagency agreement, and the OFCCP is under no similar bar prohibiting disclosure.
Given this time extension, we thought it might be helpful to take this opportunity to review some factors that affected federal contractors may want to consider in determining whether and how to file their objections, including how OFCCP has evaluated such objections in the past.
Members of the Center for Workplace Compliance (CWC) can read more here.