OFCCP Identifies Contractors Whose EEO-1 Data Will Be Released on February 8, 2023

Proskauer - Government Contractor Compliance & Regulatory Update

As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  The agency previously instructed contractors who objected to the release of their EEO-1 reports to submit their objections by October 19, 2022. OFCCP has now released a list of non-objecting contractors whose EEO-1 data will be released “on or about February 8, 2023.”  That list can be found here.

The agency is asking contractors to review the list and to notify the agency if they believe they have been erroneously included.  Contractors that believe they have been “incorrectly included” on the list have until February 7, 2023 to notify the agency “that their data should not be released because (a) they were not a federal contractor during the relevant period; or (b) they believe they previously submitted an objection to the disclosure of their EEO-1 data.”

These notices, along with all supporting information, must be submitted to OFCCP-FOIA-EEO1-Questions@dol.gov. OFCCP has a Submitter Notice Response Portal containing additional information and advises contractors that they may contact its FOIA Help Desk at 1-800-397-6251 with questions not covered by the Portal.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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