As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ (collectively, “Contractors”) EEO-1 reports from 2016-2020. After publishing a list of Contractors whose EEO-1 data would be released, OFCCP offered Contractors an opportunity to notify the agency if they were erroneously included on the list or otherwise should be removed by February 7, 2023 (which was then extended to February 17, 2023).  On February 16, 2023, OFCCP published an updated list of Contractors whose data is subject to release and allowed them to notify OFCCP if they object to the release of their EEO-1 data by March 3, 2023.

On March 10, 2023, OFCCP published a second updated list of non-objecting Contractors whose EEO-1 data from 2016-2020 is subject to release. The updated list removes contractors and subcontractors who objected to the release of their EEO-1 data on or before March 3, 2023. OFCCP has “not yet made any determinations regarding the substance or merit of these entities’ responses or objections,” but “at this time has removed these entities from the initial disclosure” pending OFCCP’s determination on the submitted objections.

Those Contractors that believe they have been erroneously included on the new updated list, have until March 17, 2023 to notify OFCCP.  Following the close of this final response period, OFCCP will publish Contractor EEO-1 data for non-objecting Contractors on its Employment Information Reports webpage.

Contractors that believe they have been improperly listed as not objecting to the release of their EEO-1 data must submit their notice, along with all supporting information (including the contractor’s EEO-1 unit number(s)) to by March 17, 2023. Contractors may consult OFCCP’s Submitter Notice Response Portal for additional information and can contact the FOIA Help Desk at 1-800-397-6251 with questions not covered by the Portal.