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OFCCP Notifying Non-Objecting Contractors of Intent to Disclose EEO-1 Data

On the heels of the filing of the Center of Investigative Reporting lawsuit alleging OFCCP is not properly responding to its FOIA request for federal contractor 2016-2022 EEO-1 Type 2 Reports, the Agency is notifying companies for which it does not have a record of an objection, that the Agency intends to release the requested EEO-1 Data after the start of the new year.

In an e-mail message sent today OFCCP states:

The objection period is now closed, and we are sending this message to confirm we have not received an objection from your organization regarding release of the requested data. Because we have received no objection, we are providing your organization with notice that its Type 2 EEO-1 data is subject to release under FOIA, and OFCCP intends to release this data after January 2, 2023.  

The message goes on to provide instructions for organizations to contact OFCCP as soon as possible but no later than January 2, 2023 if they believe OFCCP has reached this determination in error (e.g., the company did in fact file objections by the deadline or believes it was not a federal contractor during the requested time period). We are aware of a number of contractors who have received this message despite filing objections during the 60-day objection period earlier this fall.

The notice goes further to explain:

If you object to release for any other reason, you may provide the basis for your objection, as well as any explanation as to why an objection was not submitted within the 60-day timeframe that ended on October 19, 2022, that OFCCP provided. If OFCCP determines that there is good cause for why your organization’s objection was not filed during the original 60-day objection period, OFCCP may, at its discretion, consider the substance of the late-filed objection.

In acknowledgement that OFCCP’s contact information may not be accurate, the notice states in bold, underline text that if the recipient of the e-mail is “not the appropriate contact for this notice, please forward this message to the appropriate department within your organization.

The contact information for OFCCP is:

National FOIA Office
Office of Federal Contract Compliance Programs
U.S. Department of Labor
Helpdesk Number: 1-800-397-6251
Email: [email protected]

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 326

About this Author

Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...