On Feb. 14, the federal government announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting. The deadline for submitting objections is now March 3.
In August 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register, advising employers that in response to the FOIA request, the agency is planning to produce confidential information that is ordinarily protected from disclosure pursuant to a statutory exemption. To prevent their confidential EEO-1 data from being disclosed, employers must file written objections with the agency.
Although employers may object on any basis, OFCCP states that the objection must include an explanation as to why the contractor did not object in response to previous notices that OFCCP has issued, and why there is good cause for OFCCP to accept the objection at this point.
As Education and the Workforce Committee Chair Virginia Foxx stated in a letter to OFCCP's director last week, it "appears that many employers were not aware of the pending FOIA request at OFCCP. The agency must do a much better job of informing federal contractors, especially smaller employers, about their rights and obligations. I am also aware that OFCCP has not provided information to all relevant employers about what data will be disclosed in response to the...
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