The Office of Federal Contract Compliance Programs (OFCCP) has published a notice in the Federal Register notifying federal contractors of two new Freedom of Information Act (FOIA) requests for the disclosure of contractors’ EEO-1 Type 2 Reports for the year 2021. The requests also ask for the 2022 Reports but OFCCP currently has access to only the 2021 reports.

Contractors subject to the FOIA requests can be found on OFCCP’s website here: https://www.dol.gov/agencies/ofccp/foia/library/Employment-Information-Reports.

As it did in 2022 in connection with last large-scale EEO-1 FOIA requests, OFCCP has created a Submitter Notice Response Portal to collect relevant information from contractors and their representatives that wish to object to the release of the requested data. 

The portal will open October 29, 2024. Objections to the new requests are due by December 10, 2024.

The previous FOIA requests and objections filed to those requests in 2022 are still embroiled in active litigation. As such, the acceptance of contractors’ prior requests and any newly filed objections remain to be seen.