On the heels of the filing of the Center of Investigative Reporting lawsuit alleging OFCCP is not properly responding to its FOIA request for federal contractor 2016-2022 EEO-1 Type 2 Reports, the Agency is notifying companies for which it does not have a record of an objection, that the Agency intends to release the requested EEO-1 Data after the start of the new year.

In an e-mail message sent today OFCCP states:

The objection period is now closed, and we are sending this message to confirm we have not received an objection from your organization regarding release of the requested data. Because we have received no objection, we are providing your organization with notice that its Type 2 EEO-1 data is subject to release under FOIA, and OFCCP intends to release this data after January 2, 2023.  

The message goes on to provide instructions for organizations to contact OFCCP as soon as possible but no later than January 2, 2023 if they believe OFCCP has reached this determination in error (e.g., the company did in fact file objections by the deadline or believes it was not a federal contractor during the requested time period). We are aware of a number of contractors who have received this message despite filing objections during the 60-day objection period earlier this fall.

The notice goes further to explain:

If you object to release for any other reason, you may provide the basis for your objection, as well as any explanation as to why an objection was not submitted within the 60-day timeframe that ended on October 19, 2022, that OFCCP provided. If OFCCP determines that there is good cause for why your organization’s objection was not filed during the original 60-day objection period, OFCCP may, at its discretion, consider the substance of the late-filed objection.

In acknowledgement that OFCCP’s contact information may not be accurate, the notice states in bold, underline text that if the recipient of the e-mail is “not the appropriate contact for this notice, please forward this message to the appropriate department within your organization.”

The contact information for OFCCP is:

National FOIA Office
Office of Federal Contract Compliance Programs
U.S. Department of Labor
Helpdesk Number: 1-800-397-6251
Email: OFCCP-FOIA-EEO1-Questions@dol.gov

Tags: Center for Investigative Reporting, EEO-1 Type 2 Consolidated Reports, FOIA, Freedom of Information Act, OFCCP, Office of Federal Contract Compliance Programs
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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.

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