On February 9, 2026, the U.S. District Court for the Northern District of California approved the parties’ stipulation in Center for Investigative Reporting v. U.S. Dep’t of Labor and lifted the temporary stay that had paused disclosure of federal contractors’ EEO-1 reports.  With the stay lifted, the U.S. Department of Labor (DOL) can begin releasing EEO-1 workforce demographic data in response to the Freedom of Information Act (FOIA) requests that are the subject of this case, consistent with the Ninth Circuit Court of Appeals’ ruling.

Disclosure Timeline

Under the stipulated schedule, the DOL will move forward with a staged disclosure that will affect both bellwether and non-bellwether federal contractors:

  • February 11, 2026: the DOL will release EEO-1 report data for bellwether objectors;
  • February 11, 2026: the DOL is also expected to provide notice to non-bellwether contractors of the agency’s intent to release their EEO-1 report data; and
  • February 25, 2026: the DOL is set to release EEO-1 report data of non-bellwether contractors.

Notices

OFCCP began sending notices to non-bellwether contractors on February 11th.  The notices provided a history of the litigation and stated, pursuant to the court’s order, the EEO-1 reports for objecting contractors will be released February 25, 2026.  The notice gave no instruction or indication of an opportunity to object or confirmation of the method of publication.

Remaining Case Issues

Although disclosure is moving forward, two issues are pending before the district court: whether EEO-1 reports for hundreds of entities considered not to be federal contractors during the relevant period were properly withheld, and attorneys’ fees and costs. The district court also granted the parties’ request to continue the case management conference until March 12, 2026, which may allow more time to resolve these remaining disputes.

If you have questions about the impending release of EEO-1 data or potential objections, contact a Jackson Lewis attorney to discuss your organization’s situation.

Tags: EEO-1 Report, 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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