The U.S. Court of Appeals for the Ninth Circuit case involving EEO-1 reports and the Freedom of Information Act (FOIA) has taken another procedural turn. The court’s July 2025 decision in Center for Investigative Reporting v. U.S. Dep’t of Labor upheld the U.S. District Court for the Northern District of California’s finding that workforce composition data in federal contractors’ EEO-1 reports was not protected commercial information under FOIA’s Exemption 4 and as a result, OFCCP improperly withheld release of the reports. After a lengthy delay, the federal government declined to file for reconsideration and the Ninth Circuit’s decision became final December 29, 2025.

According to the parties’ November 19, 2025, joint status report filed in the U.S. District Court for the Northern District of California, both sides agree there are other unresolved issues still pending before the District Court and litigation is not yet complete. As the previous judge retired at the end of last year, the case was reassigned to a new judge. A status conference is set for February 16, 2026, before the new judge.

While the Ninth Circuit’s decision resolved a significant legal question in the Ninth Circuit about FOIA’s Exemption 4, the case itself has not fully concluded and the ultimate impact of the outcome of this matter is yet to be known.

Jackson Lewis attorneys will continue to monitor the situation for updates. If you have questions about this case or what these developments may mean for your organization, contact a Jackson Lewis attorney to discuss.

Tags: EEO-1 Report, Freedom of Information Act, Ninth Circuit, OFCCP
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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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