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ARTICLE · 12 FEBRUARY 2026

DOL To Release EEO-1 Reports Following Ninth Circuit Ruling

Jackson Lewis P.C.
Jackson Lewis P.C.
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On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Dep't of Labor filed a stipulated request in the U.S. District Court for the Northern District of California to lift...

United StatesGovernment, Public Sector
Laura A. Mitchell
Laura A. Mitchell
Scott M. Pechaitis
Scott M. Pechaitis

On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Dep't of Labor filed a stipulated request in the U.S. District Court for the Northern District of California to lift the temporary stay that has paused the disclosure of federal contractors' EEO-1 reports at the center of this case.

Case Background

In 2025, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's order that required the U.S. Department of Labor (DOL) to release EEO-1 report data the agency had withheld in response to Freedom of Information Act (FOIA) requests. The Ninth Circuit held that EEO-1 workforce demographic data is not "commercial" information protected by FOIA Exemption 4 and must be disclosed. The decision became final after the federal government declined to seek rehearing. While the Ninth Circuit's decision resolved a significant legal question about the scope of FOIA Exemption 4, the case had not concluded, with additional

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