EEO-1 Report FOIA Litigation Update
U.S. DOL Appeals and Seeks Stay of EEO-1 Report Release
The federal District Court for the Northern District of California ordered OFCCP to release, by February 20, 2024, the withheld Consolidated EEO-1 Reports of federal contractors for the years 2016 through 2020 that were the subject of a Freedom of Information Act (FOIA) request by the Center for Investigative Reporting.
Our firm has learned that the U.S. Department of Labor today has appealed the district court’s decision, and that it will soon seek a stay of the release of EEO-1 Reports during the appeal.
We expect the 9th Circuit Court of Appeals will grant a stay of the release of the EEO-1 Reports pending the appeal.
Silberman Law will monitor the developments in this case and will provide an update as soon as possible.
On June 8, a federal district court in Massachusetts struck down, on a nationwide basis, the administration’s $100,000 H-1B visa fee requirement, which it had implemented in September 2025.
In a significant policy change, the administration recently announced that, effective immediately, applicants for permanent ‘green card’ visa status generally must be physically outside the U.S. at the time of their application.
Colorado employers using artificial intelligence in employment decision-making need to prepare for new compliance obligations. On May 14, 2026, Colorado enacted the new law - SB 26-189 - substantially revising the state’s prior artificial intelligence law and establishing new requirements for organizations that use ‘au
On June 8, a federal district court in Massachusetts struck down, on a nationwide basis, the administration’s $100,000 H-1B visa fee requirement, which it had implemented in September 2025.
In a significant policy change, the administration recently announced that, effective immediately, applicants for permanent ‘green card’ visa status generally must be physically outside the U.S. at the time of their application.
Colorado employers using artificial intelligence in employment decision-making need to prepare for new compliance obligations. On May 14, 2026, Colorado enacted the new law - SB 26-189 - substantially revising the state’s prior artificial intelligence law and establishing new requirements for organizations that use ‘au
Federal Agencies Closely Coordinate to Increase Immigration Enforcement Against Employers DOJ Sues & DOL Suspends Federal Contractors Face Particular Risks Under False Claims Act
Since 1966, private employers with 100 or more employees have been required to annually file EEO-1 reports, requiring employers to submit the race/ethnicity and sex of each of its employees by EEO job category and workforce location. Similarly, non-private entities have been required to file EEO-2, EEO-3, EEO-4, or EEO
Effective today, federal agencies must include in new contracts detailed language requiring contractors to certify they “will not engage in any racially discriminatory DEI activities” and that contractors agree to submit to federal agencies detailed data, documents, and responses to agency inquiries
On March 26, 2026, President Trump issued a new Executive Order “Addressing DEI Discrimination by Federal Contractors” (“EO”) along with an explanatory Fact Sheet. The new EO states that –
“DEI activities are not only unethical and often illegal, but also cause inefficiencies, waste, and abuse within entities that
First, the good news – if you are not employed at a college or university, you need not read further. For those in education, please read on.
A federal district court temporarily blocked the collection of expanded IPEDS data on applicants for admission.
As we previously shared, the National Center for Education Stati
Based on Federal 9th Circuit Court Decision, OFCCP to Disclose Five Years of Government Contractors' EEO-1 Reports OFCCP Announced It Will Release the Reports to The Center for Investigative Reporting on February 25, 2026
The California Pay Data Reporting Portal is now open and employers have until Wednesday May13th, 2026 to submit their Payroll Employee and Labor Contractor Reports to the CRD.
