Federal contractors that submit EEO-1 reports don't have much time to object to the Office of Federal Contract Compliance Programs' (OFCCP's) recently announced disclosure to the public of EEO-1 data. The agency must receive any objections to the disclosure by Sept. 19.

The OFCCP notified contractors about the disclosure through the Federal Register, an e-mail to all federal contractors for whom the OFCCP has contact information, and its website.

The planned disclosure is in response to a 2019 Freedom of Information Act (FOIA) request for Type 2 Consolidated EEO-1 report data submitted by federal contractors and first-tier subcontractors. In June 2022, the request was amended to include all data submitted by contractors and first-tier subcontractors from 2016 until 2020.

The Federal Register notice includes a list of questions that should be addressed by contractors that wish to object to the disclosure of their Type 2 Consolidated EEO-1 Report data. The OFCCP also has created the submitter notice response portal for objectors. The portal page includes a link to frequently asked questions.

Type 2 Consolidated Report

All employers with 100 or more employees—and federal contractors with 50 or more employees—are legally required to annually file EEO-1 reports that summarize employee headcount as of a moment in time by worksite, job categories, sex, and race or ethnicity, said David Goldstein, an attorney with Littler in Minneapolis.

"Different types of reports are filed for...

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