As you may have heard, in a published notice issued on August 19, 2022, the Department of Labor’s Office of Federal Contractor Compliance (OFCCP) informed contractors that it had received a Freedom of Information Act request for all contractor EEO-1 Reports that the OFCCP had received between 2016 and 2020. Because OFCCP will be obligated to produce the EEO-1 reports in response, OFCCP has given contractors until September 19, 2022, to object to the disclosure. While there is no guarantee that an objection will successfully result in the EEO-1 reports from being produced, contractors can make an argument that the Company’s demographic information contained in the EEO-1 (e.g., race, ethnicity, sex of employees) is confidential. Contractors must submit objections through the OFCCP’s web portal or by email to OFCCPSubmitterResponse@dol.gov by the September 19, 2022 deadline, or will waive any objections to the OFCCP’s production of EEO-1 reports to the requester.

If you have questions about this notice or steps you can take to protect your EEO-1 reports from being disclosed, please contact us and we can help you support your objection and maintain the confidentiality of this sensitive information.