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Freedom of Information Act Confidential Information 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 -
Jenner & Block

Government Contracts Legal Round-Up - February 2023 Issue 3

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FOIA - Citizens for Responsibility and Ethics in Washington v. United States, No. 21-5276 (D.C. Cir. January 31, 2023) The DC Circuit clarified what information an agency may properly withhold under FOIA’s Exemption...more

Littler

OFCCP Sued to Compel Release of EEO-1 Data

Littler on

Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal...more

Jackson Lewis P.C.

BREAKING NEWS: OFCCP Extends Deadline to October 19 to File Responses to EEO-1 FOIA Notice

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OFCCP has announced it is extending the deadline for contractors to respond to the Agency’s August 19, 2022 Notice of Request Under the Freedom of Information Act for Federal Contractors’ Type 2 Consolidated EEO-1 Report...more

McCarter & English Blog: Government Contracts...

Attention Federal Contractors and First-Tier Subcontractors: Your EEO-1 Reports May Be Responsive to an OFCCP FOIA Request, and...

According to the Office of Federal Contract Compliance Programs (OFCCP), since 2019, Will Evans, a reporter for the Center for Investigative Reporting, has sought the Employment Information Report (EEO-1) data of federal...more

Polsinelli

Going Public With It – OFCCP Publishes Notice Regarding FOIA Request for All Type 2 Consolidated EEO-1 Reports – and Sets...

Polsinelli on

On August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will Evans, a...more

Husch Blackwell LLP

OFCCP Intends to Release Contractor Provided 2016-2020 EEO-1 Data Unless Contractors File FOIA Objections to Protect Confidential...

Husch Blackwell LLP on

Federal contractors and subcontractors who filed Type 2 EEO-1 Reports for the years 2016-2020 are advised that the Office of Federal Contract Compliance Programs (OFCCP) intends to release the data from such filed EEO-1...more

Fisher Phillips

OFCCP is Poised to Release Your Confidential Demographic Data: What Can Federal Contractors Do to Protect Your Information?

Fisher Phillips on

If you are a federal contractor or first-tier subcontractor, you probably received a notice from the government last week letting you know that it was gearing up to turn over your confidential demographic information to a...more

Epstein Becker & Green

FOIA Request May Disgorge Thousands of Federal Contractor EEO-1 Reports – Deadline to Object Is September 19, 2022

Epstein Becker & Green on

On August 18, the US Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) announced that it had received a Freedom of Information Act (“FOIA”) request from the Center for Investigative Reporting...more

Foley & Lardner LLP

OFCCP May Blow the Lid on Employers’ Workforce Data

Foley & Lardner LLP on

Given the fact many automotive companies and their first and second tier suppliers are federal government contractors, they should be aware of a recent announcement from the Office of Federal Contract Compliance Programs...more

Littler

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

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

OFCCP Issues 30-Day FOIA Notice to Contractors and Subcontractors

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) request that impacts the federal contracting community. An investigative...more

PilieroMazza PLLC

[Webinar] Protecting Your Confidential Information: FOIA Exemption 4 for Government Contractors - September 15th, 2:00 pm - 3:00...

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The Freedom of Information Act allows government agencies to release any record in their possession unless one of nine exemptions applies. Exemption #4—the focus of this webinar—protects information considered “trade secrets...more

Dunlap Bennett & Ludwig PLLC

Bid Protests – Filing an Agency Level Protest

There are three forums that hear bid protests – the agency conducting the procurement, the U.S. Government Accountability Office (GAO), and the U.S. Court of Federal Claims (COFC). Click here for further information on where...more

Alston & Bird

Food Marketing Institute v. Argus Leader Media: Enhanced FOIA Protection for Contractors’ “Confidential” Commercial or Financial...

Alston & Bird on

For the last 55 years nearly all federal agencies and courts tasked with determining whether a contractor’s “commercial or financial” information is “confidential” for purposes of exemption from public disclosure under the...more

Holland & Hart LLP

Department of Justice Issues New Guidance on Definition of "Confidential" under FOIA Exemption 4

Holland & Hart LLP on

The Department of Justice (“DOJ”) recently issued guidance defining the types of information that qualify as “confidential” under Exemption 4 of the Freedom of Information Act (“FOIA”). This guidance follows the Supreme...more

Fox Rothschild LLP

Contractor Alert: Protect Your Confidential And Proprietary Information From FOIA Disclosure

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It is common practice for contractors to provide the government with their confidential and propriety information – whether it comes in the form of a response to a solicitation, invitation for bid, or other materials provided...more

PilieroMazza PLLC

SCOTUS Strengthens Protections for Federal Government Contractors Under FOIA

PilieroMazza PLLC on

The Freedom of Information Act (“FOIA” or “the Act”) provides private citizens access to information in the possession of government agencies that is not otherwise publicly available. Unfortunately, an agency’s disclosure can...more

Bass, Berry & Sims PLC

Protecting Government Contractors’ Confidential Information Just Got Easier

Bass, Berry & Sims PLC on

At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware,...more

Poyner Spruill LLP

Employers with Federal Contracts Should Take Affirmative Steps to Maintain Confidentiality of Pay Data Submitted via EEO-1 Survey

Poyner Spruill LLP on

As discussed in our prior alert, employers are now required to submit additional information to supplement EEO-1 reports. The deadline to submit this new information – which will include employee pay data (referred to by the...more

Holland & Knight LLP

The Supreme Court Expands Contractor FOIA Protection - with a Caveat

Holland & Knight LLP on

Contractors have struggled to prevent the release of confidential information such as proposals incorporated into contracts and unit pricing requested by competitors and others under the Freedom of Information Act (FOIA)....more

Miles & Stockbridge P.C.

Supreme Court Decision Broadens Protection for Confidential Information against Disclosure under FOIA

In a significant decision for Government contractors, the Supreme Court has expanded the types of “commercial or financial information” that are “confidential,” and therefore exempt from disclosure under the Freedom of...more

Polsinelli

Polsinelli Insights from Supreme Court Oral Arguments Concerning FOIA Disclosure Obligations

Polsinelli on

On April 22, 2019, the U.S. Supreme Court heard argument in Food Marketing Institute v. Argus Leader Media. Polsinelli attended the oral arguments to provide insight concerning the potential implications for federal...more

Cooley LLP

Blog: OFCCP Tweaks Scheduling Letter and Itemized Listing, but Diminishes Confidentiality Protection

Cooley LLP on

The Office of Federal Contract Compliance Programs (“OFCCP”) announced that, as of July 1, 2016, it is using a new Scheduling Letter and Itemized Listing when it commences compliance reviews of federal contractors. Although...more

Jackson Lewis P.C.

EEOC to Publish Update to EEO-1 Pay Data Reporting Proposal

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission has released an update with revisions to its proposed EEO-1 pay data collection report. The proposal would have employers with at least 100 employees submitting to the EEOC all...more

Seyfarth Shaw LLP

OFCCP Launches Class Member Locator Website, Disclosing Conciliation Agreements

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Today, the Office of Federal Contract and Compliance Programs (OFCCP), launched its “Class Member Locator,” a website designed to help the agency “identify protected class members” that may have been affected by illegal...more

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