Government Contractors: Immediate Attention Required!

29 August 2022 Labor & Employment Law Perspectives Blog
Author(s): Jeffrey S. Kopp

As you may have heard, in a published notice issued on August 19, 2022, the Department of Labor’s Office of Federal Contractor Compliance (OFCCP) informed contractors that it had received a Freedom of Information Act request for all contractor EEO-1 Reports that the OFCCP had received between 2016 and 2020. Because OFCCP will be obligated to produce the EEO-1 reports in response, OFCCP has given contractors until September 19, 2022, to object to the disclosure. While there is no guarantee that an objection will successfully result in the EEO-1 reports from being produced, contractors can make an argument that the Company’s demographic information contained in the EEO-1 (e.g., race, ethnicity, sex of employees) is confidential. Contractors must submit objections through the OFCCP’s web portal or by email to by the September 19, 2022 deadline, or will waive any objections to the OFCCP’s production of EEO-1 reports to the requester.

If you have questions about this notice or steps you can take to protect your EEO-1 reports from being disclosed, please contact us and we can help you support your objection and maintain the confidentiality of this sensitive information.

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