by The Office of Federal Contract Compliance Programs (OFCCP) is ready to release thousands of federal contractors’ and subcontractors’ 2016-2020 workforce demographic data in response to a Freedom of Information Act (FOIA) request. The agency has published a list of companies that did not file objections to releasing their data. It will release the data for the listed companies on February 8, 2023, but is giving all companies that submitted EEO-1 data during the covered years a last chance to notify the agency of errors.
The FOIA request covers only the data of federal contractors and first-tier subcontractors. EEO-1 data is collected from many more companies than those covered by the FOIA request, and companies not covered by the request may be on the data release list. The OFCCP is giving companies a short window of time to check the list for errors. The data of listed companies will be made public on or after February 8th unless a listed company notifies the agency that it was not a federal contractor during the relevant period or that it had previously submitted an objection to the release of the data. The notification must be submitted by 11:59 p.m. EST on February 7, 2023, via email at OFCCP-FOIA-EEO1-Questions@dol.gov.
The information to be released is what is known as the employer’s Consolidated Report, also known as the Type 2 EEO-1 report. EEO-1 reports are annual employee demographic reports required to be submitted to the Equal Employment Opportunity Commission by U.S. companies with 100 or more employees and by most federal contractors with 50 or more employees. It is a snapshot of the number of employees, sorted by job category, race and gender, on a reported date. It covers all the company’s employees for the date reported. It does not include individual employee names.
Company List: The list is found on the agency’s Submitter Notice Response Portal, along with an additional explanation of the process: https://www.dol.gov/agencies/ofccp/submitter-notice-response-portal
Background on the FOIA request and OFCCP’s response:
August 19, 2022 Blog Post: September 19th Deadline for Contractors to Object to Public Release of EEO-1 Data
Agency FAQs: https://www.dol.gov/agencies/ofccp/faqs/submitter-notice-response
