Who: Federal contractors that filed Type 2 Consolidated EEO-1 Reports at any time from 2016 to 2020

When: Objections due by September 19, 2022

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors or subcontractors from 2016 through 2020.

The OFCCP stated that it has reason to believe that the information requested is protected under FOIA Exemption 4, but has not yet determined whether this is so. Therefore, it is requesting that affected entities that have an objection to the release of their data submit the objection by September 19. Exec. Order No. 12600 §5, but has not yet made a determination. If an employer objects to the disclosure of its EEO-1 information, it is “required to submit a detailed written statement as to why the information is a trade secret or commercial or financial information that is privileged or confidential.”

The agency carefully considers timely filed objections prior to deciding whether the requested information should be disclosed or withheld. The agency may decide that disclosure is appropriate notwithstanding the objection. If so, the agency will provide the employer written notice of the reason for the decision and the date the information will be disclosed.

Employers may submit their objection by email at OFCCPSubmitterResponse@dol.gov by September 19, 2022. If an employer does not submit an objection, the EEO-1 data will be disclosed in accordance with the FOIA request.

How:

• Email your objection to OFCCPSubmitterResponse@dol.gov by September 19, 2022.

Additional Resources:

OFCCP Submitter Notice Response Portal

Notice of Request Under the Freedom of Information Act for Federal Contractors’ Type 2 Consolidated EEO-1 Report Data