New FOIA Requests Seek from OFCCP Federal Contractors' 2021 and 2022
EEO-1 Reports
Objection Deadline - Sunday, December 10, 2024
Over the last several years, the U.S. Department of Labor (DOL) has battled in federal court with The Center for Investigative Reporting (CIR) over CIR’s Freedom of Information Act (FOIA) request for all federal contactor and first-tier subcontractor EEO-1 Reports for the years 2016 through 2020. That litigation is ongoing and is currently before the federal 9th Circuit Court of Appeals.
In a new development, two different organizations – the University of Utah and a non-profit activist organization named “As You Sow” – recently filed FOIA requests with OFCCP seeking federal contractors' 2021 and 2022 EEO-1 Reports. These FOIA requests are separate from the earlier FOIA request by CIR.
In OFCCP’s notice in the Federal Register earlier today regarding the new FOIA requests, the Agency states that it does not currently have access to the 2022 reports. Therefore, today’s notice is limited to 2021 EEO-1 Reports and the Agency provides guidance for contractors that want to object to the disclosure of those reports.
Action Item – Federal contractors and first-tier subcontractors have until December 10, 2024 to object to the release of their EEO-1 Reports.
Silberman Law encourages employers that previously objected to the release of their 2016 through 2020 EEO-1 Reports to consider objecting to the new FOIA requests because a failure to object may be considered a waiver of their previous objections.
For contractors planning to object, OFCCP “strongly encourages” them to use a website form developed by OFCCP to file their objections. The form may be accessed at the OFCCP website here. If filing an objection via the webform is “not feasible,” objectors may e-mail an objection to OFCCPSubmitterResponse@dol.gov or mail it to the contact person identified in the Federal Register Notice that will be published today.
Contractors planning to object should consider the pros and cons of using the OFCCP website form or, instead, filing an objection letter via email.
OFCCP will “independently evaluate” the merits of all objections and provide notice to contractors regarding the Agency's decision.
For those contractors that elect not to object, OFCCP will release their 2021 EEO-1 Reports.
For Silberman Law clients we helped to file objections to the earlier CIR FOIA request, we will follow up with you directly.
For questions or assistance drafting and filing objections in response to the new FOIA requests, please contact the Silberman Law attorney with whom you work.
