Readers will recall that in August 2022, OFCCP published a notice in the Federal
Register advising employers that it was the subject of a
Freedom of Information Act (FOIA) request seeking EEO-1 data from
all federal contractors, including first-tier subcontractors, for
the period 2016-2020. At the time, OFCCP advised employers of their
ability to object to this request under FOIA (by, among other
things, filing an objection under FOIA Exemption 4, which protects
confidential commercial information from being disclosed), and many
employers filed objections to the disclosure of their EEO-1
reports. To date, OFCCP has reportedly not disclosed any EEO-1
forms.
On November 15, 2022, OFCCP was sued in the United States
District Court for the Northern District of California by the
organization that made the original FOIA request. The lawsuit seeks
to compel OFCCP to produce these records, and argues that the
agency should not entertain objections or withhold any EEO-1
