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The Office of Federal Contract Compliance Programs (OFCCP) has
extended the deadline for federal contractors and first-tier
subcontractors to submit objections to a broad Freedom of Information Act
(FOIA) request filed by an investigative reporter. The new
deadline for filing objections is October 19, 2022.
On August 19, 2022, OFCCP published notice of a FOIA request seeking
Type 2 Consolidated EEO-1 Report data filed by federal contractors
and first-tier subcontractors for reporting years 2016 through
2020. The original deadline for objections was September 19, 2022.
Contractors now have until October 19, 2022, to submit written
objections through OFCCP’s Submitter Notice Response Portal, or
by mail or email. According to OFCCP, it is extending the deadline
“to ensure that Covered Contractors have time to ascertain
whether they are covered and submit objections.” OFCCP also
announced that it will “take the additional step of emailing
contractors that OFCCP believes are covered by this FOIA request,
using the email address provided by contractors that have
registered in OFCCP’s Contractor Portal and the email addresses
provided as a contact for the EEO-1 report.” If OFCCP does not
receive an objection by October 19, 2022, information for
contractors covered by the FOIA request
will be released.
For more information on the FOIA request submitted to OFCCP
seeking disclosure of Type 2 Consolidated EEO-1 Report data,
including considerations for federal contractors deciding whether
to submit objections to the FOIA request, please download our
recent podcast by Scott Kelly and Lauren Hicks, “OFCCP Facing Request for
EEO-1 Reports—What the Disclosure of Type 2 Consolidated
Reports Could Mean for Contractors.”
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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