As an update to our October 12, 2022 post regarding the deadline for federal contractors and first-tier subcontractors to object to disclosure of their Type 2 Consolidated EEO-1 reports from 2016 to 2020, the Office of Federal Contract Compliance Programs (OFCCP) has provided federal contractors with more information regarding the release of such information.

Specifically, non-objecting contractors began receiving e-mails from the OFCCP as early as November 22, 2022, notifying them of the agency’s intent to release the EEO-1 data beginning on January 2, 2023. The e-mail stated that if the contractors believe the OFCCP sent this message to them in error – for example, if the company filed objections or did not meet the requirements for disclosure during a specific time period – contractors should reach out to the OFCCP as soon as possible, but no later than January 2, 2023.

The OFCCP also appeared to give another opportunity for contractors to object to the release of the EEO-1 data, provided the contractor can explain the delay, even if they did not submit an objection during the designated time period, which ended on October 19, 2022. If the OFCCP finds there was good cause for the lack of an objection filed during the earlier time period, it may consider the substance of the untimely objection. (Notwithstanding, we note that the OFCCP’s rollout timeline does not include any updates after the October 19, 2022 extension.)

In related news, the Center for Investigative Reporting, the group related to the investigative reporter who submitted the Freedom of Information Act (FOIA) request to the OFCCP, filed a lawsuit against the Department of Labor (DOL) in the United States District Court in the Northern District of California. The lawsuit alleges that the DOL violated the FOIA and is seeking an injunction to require the OFCCP to release the EEO-1 data, regardless of whether the contractor filed objections.

This week we are pleased to have a guest post by Robinson+Cole Labor and Employment Group lawyer Sapna Jain.