ARTICLE · 21 NOVEMBER 2022

DOL Sued Over FOIA Request For Contractors' EEO-1 Reports

Ogletree, Deakins, Nash, Smoak & Stewart

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On November 15, 2022, an investigative reporter and a nonprofit news organization sued the U.S. Department of Labor under the Freedom of Information Act.

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Lauren B. Hicks

Emily M. Halliday

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On November 15, 2022, an investigative reporter and a nonprofit news organization sued the U.S. Department of Labor (DOL) under the Freedom of Information Act (FOIA). The investigative reporter previously submitted multiple FOIA requests for federal contractors' and first-tier subcontractors' Type 2 Consolidated EEO-1 Report data to the DOL's Office of Federal Contract Compliance Programs (OFCCP). On August 19, 2022, OFCCP published a notice of a FOIA request covering contractors' 2016–2020 Type 2 EEO-1 Reports in the Federal Register. Contractors had until October 19, 2022, to object to the disclosure of their data.

The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges that the DOL has violated FOIA, including by failing to notify the plaintiffs of a determination and by failing to disclose the requested records. The plaintiffs seek injunctive and declaratory relief, as well as costs and fees and other appropriate relief.

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