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 [email protected] by
the September 19, 2022 deadline, or will waive any objections to
the OFCCP's production of EEO-1 reports to the requester.