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 OFCCP-FOIA-EEO1-Questions@dol.gov 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.

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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 an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

During her time at Proskauer, Olympia has focused on a wide range of employment matters, including employment discrimination litigation, due diligence, and policies, handbooks…

Olympia Karageorgiou is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.

During her time at Proskauer, Olympia has focused on a wide range of employment matters, including employment discrimination litigation, due diligence, and policies, handbooks and training, among others. Olympia has gained experience across a wide variety of industries including financial services, education, sports, and media and entertainment.

Olympia earned her J.D. from Yale Law School, where she was co-director of the Clinical Student Board and a member of the Reentry Clinic. While at Yale, she was also Academic Development co-chair of the Yale Black Law Students Association and served as a director of the Rebellious Lawyering Conference.

Prior to law school, Olympia was an AmeriCorps member in Dallas, Texas, focusing on issues related to education and social equity.