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.

Immediate Action is Required to Comply with Executive Order 14398 "Addressing DEI Discrimination by Federal Contractors"

April 24, 2026
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

President Trump’s New Anti-DEI Executive Order Creates New Contract Requirements, and Significant New Risks, for Federal Contractors & Sub-contractors

March 30, 2026
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

March 18, 2026 Reporting Deadline Postponed, Pending Outcome of Litigation

March 19, 2026
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

Immediate Action is Required to Comply with Executive Order 14398 "Addressing DEI Discrimination by Federal Contractors"

April 24, 2026
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

President Trump’s New Anti-DEI Executive Order Creates New Contract Requirements, and Significant New Risks, for Federal Contractors & Sub-contractors

March 30, 2026
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

March 18, 2026 Reporting Deadline Postponed, Pending Outcome of Litigation

March 19, 2026
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

Court of Appeals Rules EEO-1 Reports Subject to FOIA Requests

February 12, 2026
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
Reports Are Due May 13, 2026

California Has Opened Its Pay Data Reporting Portal

February 5, 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.
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2026 California Pay Data Reporting

January 22, 2026
Annual California Pay Data Reporting is upon us again. This year’s deadline, for both Payroll Employee and Labor Contractor Employee Reports, is May 13, 2026.
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Greatly Expanded IPEDS Reporting for Colleges & Universities Approved by Trump Administration

January 21, 2026
Submission of Seven Years of Detailed Data Due by March 18, 2026. The Data Will Be Used for Potential Discrimination Investigations.
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2026 Massachusetts EEO-1 Reporting

January 14, 2026
Massachusetts requires private employers with 100 or more employees located in the state to submit their most recently filed EEO-1 Reports by February 2, 2026 to the state’s Reporting Portal.
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New Executive Order on Artificial Intelligence

December 12, 2025
President Trump Issued New Executive Order on Artificial Intelligence in December 11, 2025.

Government Increases Contract Thresholds for Affirmative Action Plan Obligations Under Section 503 and VEVRAA

November 25, 2025
Government Increases Contract Thresholds for Affirmative Action Plan Obligations Under Section 503 & VEVRAA Covered Government Contractors Must Prepare Annual AAPs Under Section 503 & VEVRAA - Are You In Compliance