As previously reported, in late December 2023, the Northern District of California ordered OFCCP to release the EEO-1 reports of federal contractors it had previously withheld from production based on various exemptions under FOIA. The court set a February 20, 2024, deadline for OFCCP to do so.

On February 15, 2024, the United States Attorney's Office representing OFCCP filed a Notice of Appeal, seeking judicial review of the Order. In conjunction with the appeal notice, the government is seeking a stay of the February 20, 2024, disclosure deadline pending the appeal. If the Ninth Circuit grants the stay, the EEO-1 reports will remain undisclosed for the time being, at least through the appeal process.