OFCCP has published another updated “List of Non-Objectors” for which it intends to release EEO-1 Type 2 data from 2016 to 2020 in response to the FOIA request from the Center for Investigative Reporting. Any contractors who objected through March 3, 2023, were removed from the updated list.
OFCCP first released a list of non-objectors over a month ago. Contractors then had about a week to respond if they believed they should be removed from the list because they were not a federal contractor or had submitted objections last fall. The updated list comes about one month after OFCCP released a second version of the list of non-objectors, removing any contractors who had responded to OFCCP by the previous mid-February deadline.
WHY IT MATTERS
OFCCP states this “will be the final posting of a list of non-objectors.” Any entities remaining on the latest list have until March 17, 2023, to notify OFCCP if they are improperly on the list.
If a response is not submitted by the deadline, OFCCP will release the Type 2 data for each contractor on the list. The data will be released to the Center for Investigative Reporting and posted on the OFCCP’s website at https://www.dol.gov/agencies/ofccp/foia/library/Employment-Information-Reports.
THE BOTTOM LINE
Any entity remaining on OFCCP’s list that objects to releasing the requested EEO-1 data must notify OFCCP by March 17, 2023, at 11:59 PM EST.
Objections must be sent to OFCCP-FOIA-EEO1-Questions@dol.gov and include, at a minimum:
- All addresses associated with the entity for the reporting years in which the entity is listed;
- The entity’s EEO-1 unit number; and
- Any other entities associated with the organization that are covered in the objection, with the EEO-1-unit numbers and addresses for those entities (subsidiaries, merged companies, acquisitions, and so on).
BETWEEN THE LINES
OFCCP notes it has “not yet made any determinations regarding the substance or merit” of contractors’ objections. The contractors who submitted an objection have been removed from this initial disclosure to the Center for Investigative Reporting, but their Type 2 data may still be released later, following OFCCP’s review and determination of the objections.
Jackson Lewis’ attorneys will continue to monitor this matter. If you have questions, please contact the Jackson Lewis attorney with whom you regularly work or a member of the Affirmative Action, OFCCP and Government Contract Compliance Group to discuss.