Deadline fast approaching to file objection to disclosure of EEO-1 report

On August 19, 2022, the Federal Register provided notice that a very broad Freedom of Information Act (FOIA) request had been made that would impact all federal contractors (including first-tier subcontractors) that filed a Type 2 EEO-1 report between 2016-2020.

As detailed in the notice, you have until Monday, September 19, 2022, to protect your information by filing an objection to the disclosure of your report. Otherwise, the information included in your EEO-1 report will be public as part of the FOIA request, which was filed by the Center for Investigative Reporting.

WHAT INFORMATION IS INCLUDED IN AN EEO-1 REPORT?
The information at risk of disclosure includes demographic data of your employees, categorized by race/ethnicity, sex, and job category.

WHAT CONTRACTORS ARE IMPACTED BY THE FOIA REQUEST?
If you are a federal contractor with 50 or more employees and have any federal contract, subcontract, or purchase order for $50,000 or more, this will apply to your company.

OBJECTIONS TO THE FOIA REQUEST
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has indicated that it believes the information requested may be protected from disclosure under FOIA Exemption 4, which protects disclosure of confidential commercial information; however, OFCCP will make the determination about whether a particular contracts data can be withheld under that exemption only after evaluating the written objection from that contractor. Click here for FAQs.

HOW TO FILE AN OBJECTION
OFCCP has advised that contractors that wish to object to the disclosure of their EEO-1 reports file an objection through a web portal. Click here to access the portal and objection form.

If you have questions or would like guidance or assistance filing your objection, please contact Michelle Kantor at mkantor@mcdonaldhopkins.com.