In response to a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR), the Office of Federal Contract Compliance Programs (OFCCP) has released 2016–2020 Type 2 Consolidated EEO-1 Report data of federal contractors that did not previously object to disclosure of their information. OFCCP is setting a timetable by which it will resolve contractor objections to disclosure.

On March 2, 2023, OFCCP released the EEO-1 data of 21 contractors that had voluntarily released the data. Then, on April 17, 2023, OFCCP released the EEO-1 data for 19,289 contractors: 12 that voluntarily released the data and 19,277 that did not—according to OFCCP—object to the release of the EEO-1 data by OFCCP’s final deadline, March 31, 2023. Because OFCCP received several FOIA requests for the data, OFCCP posted the released data to its FOIA Library under Employment Information Reports (Standard Form 100).

The latest disclosure follows an April 13, 2023, case management conference before Judge William Alsup of the U.S. District Court for the Northern District of California in the litigation between CIR and OFCCP, in which CIR has sought to compel OFCCP to produce the EEO-1 data. During the conference, Judge Alsup directed OFCCP to submit a proposed order suggesting, in particular, dates and deadlines to make any EEO-1 data disclosures to CIR and to resolve contractor objections to disclosure. Currently, at OFCCP’s Submitter Notice Response Portal, the agency states that it will provide responses to objections submitted by contractors on a rolling basis through the end of September 2023.

Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group will continue to monitor developments with respect to the disclosure of Type 2 EEO-1 Consolidated Report data and will post updates on the firm’s Affirmative Action / OFCCP and Government Contractors blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.