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As you may have heard, in a published notice issued on August
19, 2022, the Department of Labor’s Office of Federal
Contractor Compliance (OFCCP) informed contractors that it had
received a Freedom of Information Act request for all contractor
EEO-1 Reports that the OFCCP had received between 2016 and 2020.
Because OFCCP will be obligated to produce the EEO-1 reports in
response, OFCCP has given contractors until September
19, 2022, to object to the disclosure. While there is
no guarantee that an objection will successfully result in the
EEO-1 reports from being produced, contractors can make an argument
that the Company’s demographic information contained in the
EEO-1 (e.g., race, ethnicity, sex of employees) is confidential.
Contractors must submit objections through the OFCCP’s web
portal or by email to [email protected] by
the September 19, 2022 deadline, or will waive any objections to
the OFCCP’s production of EEO-1 reports to the requester.
If you have questions about this notice or steps you can take to
protect your EEO-1 reports from being disclosed, please contact us
and we can help you support your objection and maintain the
confidentiality of this sensitive information.
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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