The Office of Federal Contract Compliance Programs (OFCCP) notified federal contractors of a Freedom of Information Act (FOIA) request for federal contractors’ EEO-1 reports. Contractors are being given the opportunity to object to having their EEO-1 reports released.
A reporter from the Center for Investigative Reporting submitted the FOIA request in 2019, for all Type 2 Consolidated EEO-1 reports from contractors and first-tier subcontractors. In June 2022, the FOIA request was amended to include all EEO-1 reports from contractors and first-tier subcontractors between 2016 – 2020.
In order to object to the release, companies can fill out the OFCCP’s online form. This must be submitted by September 19, 2022. The OFCCP has a website with more information and a list of Frequently Asked Questions.
Exemption 4 of the Freedom of Information Act (5 U.S.C. § 552(b)(4)) protects companies from FOIA requests if the request contains trade secrets and commercial or financial information obtained from a person which is privileged or confidential. The objections submitted will be evaluated to determine whether the EEO-1 report includes confidential trade secret, commercial, or financial information that should not be released.
The OFCCP has a helpdesk where contractors can submit questions (1-855-680-0971 and OFCCPSubmitterResponse@dol.gov).
