As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  The agency previously instructed contractors who objected to the release of their EEO-1 reports to submit their objections by October 19, 2022. OFCCP has now released a list of non-objecting contractors whose EEO-1 data will be released “on or about February 8, 2023.”  That list can be found here.

The agency is asking contractors to review the list and to notify the agency if they believe they have been erroneously included.  Contractors that believe they have been “incorrectly included” on the list have until February 7, 2023 to notify the agency “that their data should not be released because (a) they were not a federal contractor during the relevant period; or (b) they believe they previously submitted an objection to the disclosure of their EEO-1 data.”

These notices, along with all supporting information, must be submitted to OFCCP-FOIA-EEO1-Questions@dol.gov. OFCCP has a Submitter Notice Response Portal containing additional information and advises contractors that they may contact its FOIA Help Desk at 1-800-397-6251 with questions not covered by the Portal.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.

Photo of Olympia Karageorgiou Olympia Karageorgiou

Olympia Karageorgiou is a law clerk in the Labor Department and a member of the Employment Litigation & Artbitration Group.