OFCCP Receives Media Request for EEO-1, Type 2 Report Filed by Federal Contractors

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On August 19, the Federal Register published a Notice that OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR). CIR is seeking all federal prime contractors’ and first-tier subcontractors’ EEO-1 Type 2 Consolidated Reports for the period 2016-2020. The Type 2 Report includes data for all employees of the company (i.e., all employees at headquarters as well as all establishments) categorized by race/ethnicity, sex, and job category. 

Typically, OFCCP contacts contractors directly when it receives a FOIA request for their records. Given the breadth of CIR’s request, contractors should not wait for a direct communication from OFCCP before submitting objections. Contractors who oppose the release of their Type 2 reports must file objections with the OFCCP by September 19, 2022

The Federal Register Notice includes instructions for submitted objections and a list of specific questions contractors must address in their objections. OFCCP has created the Submitter Notice Response Portal to collect objections from contractors and their representatives.

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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