As we previously reported, OFCCP plans to release EEO-1 data for non-objecting contractors in response to a Freedom of Information Act (“FOIA”) request seeking contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  On February 2, 2023, OFCCP published a list of contractors whose data was scheduled to be released on or around February 8, 2023, and provided those on the list until February 7, 2023 to notify OFCCP if they believe they were incorrectly listed.

On February 7, 2023, OFCCP extended the deadline and expanded the bases on which contractors can raise concerns about being listed.  Contractors and subcontractors now have until February 17, 2023 at 11:59 pm EST to inform OFCCP if they believe they have been incorrectly listed.  Contractors and subcontractors that believe they have been “incorrectly included” on the list may notify OFCCP that their EEO-1 data should not be released because: (1) the contractor “has previously submitted an objection to the disclosure of their EEO-1 data”; (2) the “organization was not a federal contractor during the relevant period”; or (3) the organization is an “entity associated with [the contractor’s] organization” and “should be covered within” an existing objection.

Contractors must submit their notice, along with all supporting information (including the contractor’s EEO-1 unit number(s)) to OFCCP-FOIA-EEO1-Questions@dol.gov. Contractors may consult OFCCP’s Submitter Notice Response Portal for additional information and can contact the FOIA Help Desk at 1-800-397-6251 with questions not covered by the Portal.

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