December 23, 2024

OFCCP Announces New FOIA Requests for Federal Contractor EEO-1 Data

This week, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register stating that there are ‘several new requests’ for federal contractor EEO-1 data from reporting years 2021 and 2022. The announcement outlines the process to be followed by employers seeking to block the release of their annual EEO-1 from these years. Employers have forty days from the date of the Federal Register notice to file objections to the disclosure of the information.

The OFCCP announcement can be found in the October 29, 2024, edition of the Federal Register, https://www.federalregister.gov/documents/2024/10/29#federal-contract-compliance-programs-office .

OFCCP reports that it only has the EEO-1 data for the reporting year 2021 and that the responsive information will be limited to that dataset. After it evaluates employer objections, the agency will release data by making it available for public inspection in its Freedom of Information Act (FOIA) Reading Room.

The agency is notifying federal contractors of the data requests through several different methods, including:

  • (1) announcement publication in the October 29th Federal Register;
  • (2) posting information on OFCCP’s website, including links to its list of employers affected by the FOIA requests (https://www.dol.gov/agencies/ofccp/foia/library/Employment-Information-Reports);
  • (3) distribution via the OFCCP’s GovDelivery listserv; and
  • (4) individualized notices to federal contractors through e-mails and letters sent by U.S. Mail.

Federal contractors are encouraged to review the list of employers subject to the FOIA request linked on the OFCCP website and to watch for the individualized notices the agency will send them for more information.