The Office of Federal Contract Compliance Programs (OFCCP) has published a notice in the Federal Register notifying federal contractors of two new Freedom of Information Act (FOIA) requests for the disclosure of contractors’ EEO-1 Type 2 Reports for the year 2021.  The requests also ask for the 2022 Reports but OFCCP currently has access to only the 2021 reports.

Contractors subject to the FOIA requests can be found on OFCCP’s website here: https://www.dol.gov/agencies/ofccp/foia/library/Employment-Information-Reports.

As it did in 2022 in connection with last large-scale EEO-1 FOIA requests, OFCCP has created a Submitter Notice Response Portal to collect relevant information from contractors and their representatives that wish to object to the release of the requested data. 

The portal will open October 29, 2024. Objections to the new requests are due by December 10, 2024.

The previous FOIA requests and objections filed to those requests in 2022 are still embroiled in active litigation. As such, the acceptance of contractors’ prior requests and any newly filed objections remain to be seen.

Tags: EEO)1 Component 2, FOIA, FOIA Exemption, 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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