August 18, 2022

Private Entity Seeks Public Disclosure of Private Contractors’ EEO-1 Data for a 3rd Time!

The Center for Investigative Reporting (CIR), a non-profit, investigative news organization, is seeking the public release of private federal government contractors’ Type 2, EEO-1 data (demographic, not compensation) by the Office of Federal Contract Compliance (OFCCP).

January 2018 – the saga begins when CIR first filed a FOIA request demanding release of contractors’ “diversity reports submitted to the OFCCP.”

February 2019 – the DOL issued an interim response, objecting to the request asserting the data constituted trade secrets or confidential commercial information under FOIA’s “Exemption 4.”

December 2019 – a judge orders the DOL to release the requested data within 30 days.  But it appears that never happened.

May 2022 – CIR returns writing, “If the DOL fails to act and continues to withhold these records, CIR will be required to file suit yet a third time.”

August 18, 2022 – in response, the OFCCP published notice in the Federal Register to contractors seeking comment on the matter.

Action Item: If you are a covered prime or first-tier federal contractor required to submit EEO-1 reports, the OFCCP is asking you to answer five questions, including if you consider your Type 2 EEO-1 data (demographic, not wages or salaries) to be a trade secret, confidential or commercial information.

NOTE: If you do not respond, you “will be considered to have no objection to disclosure of the information.”  The deadline for responding is September 19, 2022. The OFCCP has created a web form to facilitate processing. Click here to submit your response.