As yet another update to this ongoing story, OFCCP has again pushed out the date by which contractors can notify OFCCP of their desire to object to production by the Agency of EEO-1 data in response to the Center for Investigative Reporting.

By way of notice on its OFCCP Submitter Notice Response Portal, the Agency has posted this update of actions the Agency will taking:

• OFCCP is extending the time for contractors to respond from February 17, 2023, until March 3, 2023.

• OFCCP will post an updated list of non-objectors no later than February 17, 2023. This updated list will remove contractors that OFCCP has identified as incorrectly included on the February 2, 2023 list, including contractor responses submitted by February 10, 2023. It will also remove all contractors that submitted objections after the publication of the February 2, 2023 list until February 10, 2023, while OFCCP evaluates these objections.

• After the close of the response period on March 3, 2023, OFCCP will publish a second updated list by March 10, 2023, which will remove contractors that submitted objections after February 10, 2023 and by March 3, 2023, while OFCCP evaluates these objections. Contractors will then have one final opportunity to contact OFCCP no later than March 17, 2023, if they believe their company was improperly listed.

With the latest update, OFCCP has indicated it will now accept objections filed by contractors for the first time. However, the objection “must include an explanation as to why the contractor did not object in response to previous notices that OFCCP has issued, and why there is good cause for OFCCP to accept the objection at this point.”

OFCCP will then determine if there is good cause for why the objection was not filed in response to the previous notices provided by the agency, and as a result may, at its discretion, consider the substance of the late-filed objection.

All responses must be received no later than March 3, 2023, at 11:59 p.m. EST, via the OFCCP-FOIA-EEO1-Questions@dol.gov e-mail address and must include your organization’s EEO-1 unit number(s). 

The notice also provided an update on the on-going litigation involving the FOIA request reporting that “the Department of Labor filed an Answer to the Complaint on January 18, 2023. An initial Case Management Conference before Senior Judge William Alsup is scheduled for February 16, 2023.”

We will continue to report updates – stay tuned!