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Freedom of Information Act › Federal Contractors

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Appeals EEO-1 FOIA Ruling to Ninth Circuit Court of Appeals

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On February 15, 2024, the U.S. Department of Labor (DOL) filed a notice of appeal to the Ninth Circuit Court of Appeals, seeking review of a district court ruling that ordered the DOL to release federal contractors’ 2016–2020...more

Polsinelli

To Disclose or Not to Disclose: OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

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As previously reported, in late December 2023, the Northern District of California ordered OFCCP to release the EEO-1 reports of federal contractors it had previously withheld from production based on various exemptions under...more

Jackson Lewis P.C.

OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

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As previously reported, in December 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) was ordered to release the EEO-1 reports of federal contractors it had withheld from production in...more

Fisher Phillips

Court Orders OFCCP to Hand Over Federal Contractor Data Despite FOIA Objections: 3 Key Considerations About the Ongoing Saga

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If you are a federal contractor or first-tier subcontractor, you’re likely aware of the government’s 2022 request to turn over your EEO-1 demographic data to a news organization and the procedures you needed to follow to file...more

Womble Bond Dickinson

Federal Court Rules That Contractors’ EEO-1 Type 2 Report Data Must Be Produced In Response to Freedom of Information Act Request

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In early 2023, we issued a client alert reminding clients that they had until March 3, 2023 to file objections to the Center for Investigative Reporting’s Freedom of Information Act (FOIA) request that was submitted to the...more

Proskauer - Government Contractor Compliance...

Court Orders Release of Contractor EEO-1 Reports

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On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...more

Polsinelli

Federal Court Rejects Objections and Orders OFCCP to Disclose EEO-1 Reports

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Despite objections by thousands of employers and its own continuing review of records, the OFCCP has been ordered by a federal court to produce all EEO-1 Type 2 reports of federal prime contractors and first-tier...more

FordHarrison

Federal Court Orders OFCCP to Release Federal Contractors' EEO-1 Reports

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Executive Summary: On December 22, 2023, a federal court in California ordered the OFCCP to release the EEO-1 reports of federal contractors who had filed an objection to the agency’s release of their EEO-1 data in response...more

DirectEmployers Association

OFCCP Week In Review: January 2024 #2

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Monday, December 4, 2023: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting” Another potential new regulation for federal contractors is in the pipeline. The FAR...more

Jackson Lewis P.C.

Court Orders OFCCP to Release EEO-1 Reports

Jackson Lewis P.C. on

The Center for Investigative Reporting’s (CIR) lawsuit against the U.S. Department of Labor, Office of Federal Contract Compliance Program (OFCCP) over EEO-1 report access has ended — at least for now — in the court ordering...more

Seyfarth Shaw LLP

Court Rules EEO-1 Reports Are Not Exempt “Commercial” Information Under FOIA; Department of Labor May Appeal

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Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for...more

Constangy, Brooks, Smith & Prophete, LLP

Court orders release of contractors’ EEO-1 Reports

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Another chapter has unfolded in the ongoing saga relating to the unprecedented and massive FOIA request for all federal contractors’ EEO-1 Reports. As we previously reported, Will Evans, a reporter with The Center for...more

Jenner & Block

Government Contracts Legal Round-Up | 2023 Issue 20

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Jenner & Block

Government Contracts Legal Round-Up - July 2023 Issue 14

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Jenner & Block

Government Contracts Legal Round-Up - July 2023 Issue 13

Jenner & Block on

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #2

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Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more

DCI Consulting

Impacts of EEO-1 FOIA Disclosures on Objectors and Non-Objectors

DCI Consulting on

On April 17, 2023, aggregated company race/ethnicity and sex counts by EEO-1 category as a part of the EEO-1 consolidated reports from 2016-2020 were released for federal contractors and subcontractors that did not object to...more

Proskauer - Government Contractor Compliance...

OFCCP Publishes Non-Objecting Contractors’ EEO-1 Data And Provides Details Of Its Review Of Pending Objections

Proskauer - Government Contractor Compliance... on

On April 17, 2023, after giving federal contractors and subcontractors (“Contractors”) several opportunities to submit objections, OFCCP published EEO-1 data for Contractors that “either affirmatively agreed to, or did not...more

DirectEmployers Association

OFCCP Week In Review - April 2023 #4

DirectEmployers Association on

Monday, April 17, 2023: OFCCP Released the First 20,000 EEO-1 Files to The Public - EXCLUSIVE: OFCCP Has Also Proposed A Schedule To Resolve Contractor Objections To Disclosure - The most substantive action pertaining to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Releases Data From More Than 19,000 Type 2 EEO-1 Reports

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In response to a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR), the Office of Federal Contract Compliance Programs (OFCCP) has released 2016–2020 Type 2 Consolidated EEO-1 Report...more

Jenner & Block

Government Contracts Legal Round-Up - April 2023 Issue 6

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Legislative Update - Defense Federal Acquisition Regulation Supplement: Use of Supplier Performance Risk System (SPRS) Assessments (DFARS Case 2019–D009) DoD issued a final rule amending the DFARS to update the policy...more

DirectEmployers Association

OFCCP Week In Review - April 2023 #2

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Tuesday, April 4, 2023: OFCCP (Silently) Again Updated Its FOIA Objection Portal - Agency Intends to Respond to Objections on “Rolling Basis” through September - OFCCP made several updates to its Freedom of Information...more

DirectEmployers Association

OFCCP Week In Review - March 2023 #4

DirectEmployers Association on

...DHI Group Inc. (“DHI”) is a job-search website operator posting corporate job vacancies for technology professionals on its Dice.com website. DHI has now agreed to settle numerous U.S. Equal Employment Opportunity...more

Littler

OFCCP Quietly Extends Deadline for Submitting Objections to EEO-1 Disclosures and Reveals Intention to Post EEO-1 Data on its...

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Last August OFCCP published a notice in the Federal Register advising employers that in response to a Freedom of Information Act (FOIA) request, the agency was planning to produce confidential information that is ordinarily...more

Proskauer - Government Contractor Compliance...

OFCCP (Again) Updates List of Contractors Whose EEO-1 Data Will Be Released

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As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ (collectively, “Contractors”) EEO-1 reports from 2016-2020. After publishing a list...more

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