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On August 19, 2022, the Office of Federal Contract Compliance
Programs (“OFCCP”) published that it had received a
Freedom of Information Act (“FOIA”) request from a
journalist with the Center for Investigative Reporting. The request
sought the disclosure of EEO-1 Type 2 Consolidated Report
data filed annually by prime federal government contractors and
first tier sub-contractors (“covered contractors”). The
Type 2 report is one of the reports that
multiple-establishment covered contractors must file
annually which consists of demographic data for all U.S. based
employees categorized by race, ethnicity, gender, and job category.
The FOIA request does not apply to companies which file an
EEO-1 Report as a single establishment which is defined as a
company that does business at only one establishment in one
location.
The FOIA request to the OFCCP is for all covered contractor Type
2 Reports from 2016 through 2020.
The Notice issued by the OFCCP states that it has reason to
believe the information requested may be protected from
disclosure under FOIA Exemption 4 which protects against the
disclosure of “trade secrets and commercial or financial
information obtained from a person [that is] privileged or
confidential.” 5
U.S.C. 552(b)(4).
Covered contractors have a limited window for filing written
objections with the OFCCP to the disclosure of their company’s
demographic data. The deadline originally was scheduled for
September 19, 2022. However, the OFCCP has extended the deadline
for filing objections until October 19,
2022. Covered contractors which fail to
respond with objections will be considered to have no objections to
the disclosure of their company’s demographic data.
To facilitate covered contractors’ written objections and
the OFCCP’s assessment of them, the agency has created a portal
to collect relevant information from covered contractors. The
portal can be found at Submitter Notice Response Portal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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