The OFCCP May Be Planning to Release Your 2016-2020 EEO-1 Reports. What Can You Do?

On August 19, the OFCCP published a notice advising employers that it is planning to produce confidential information that is protected from disclosure under a statutory exemption (Type 2 EEO-1 report data) in response to a Freedom of Information Act (FOIA) request by Mr. Will Evans of the Center for Investigative Reporting. Employers have until September 19, 2022, to file written objections to this disclosure. 

The FOIA request technically covers only federal contractors and their first-tier subcontractors. However, it is not unusual for employers to mistakenly identify themselves as a federal contractor or subcontractor when filling out section 3 of the report, or for the OFCCP to list non-federal contractors as federal contractors on its Corporate Scheduling announcements. It looks like the OFCCP is preparing to produce the confidential Reports of well over 15,000 employers. Employers should not assume that their data will not be produced simply because they are not federal contractors or subcontractors. 

If you do not want your confidential EEO-1 Report data produced, there are a couple of steps that you can take. First, you can contact the OFCCP and ask if your information is among the list that the OFCCP intends to produce, and if so, request a copy of the data. Second, you can file an objection to the production of your data in response to this FOIA request. Written objections and requests for information should be submitted to the OFCCP via U.S. Mail or email and must be received by the OFCCP by September 19, 2022. 

For further information, you can contact Candice Spalding, Deputy Director, Division of Management and Administrative Programs, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW, Room C-3325, Washington, DC 20210. Telephone: 1-855-680-0971 (voice) or 1-877 -889-5627 (TTY).

As always, don’t hesitate to contact me directly if you have any questions. Jay Stovall (jls@bswllp.com

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