On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Dep’t of Labor filed a stipulated request in the U.S. District Court for the Northern District of California to lift the temporary stay that has paused the disclosure of federal contractors’ EEO-1 reports at the center of this case.

Case Background

In 2025, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s order that required the U.S. Department of Labor (DOL) to release EEO-1 report data the agency had withheld in response to Freedom of Information Act (FOIA) requests. The Ninth Circuit held that EEO-1 workforce demographic data is not “commercial” information protected by FOIA Exemption 4 and must be disclosed. The decision became final after the federal government declined to seek rehearing. While the Ninth Circuit’s decision resolved a significant legal question about the scope of FOIA Exemption 4, the case had not concluded, with additional issues remaining before the district court.

Stipulated Request

The parties’ joint proposal indicates that the implementation of the Ninth Circuit’s FOIA ruling is now proceeding, with the federal government preparing to release both bellwether and non-bellwether EEO-1 data on a set timeline. The parties request that the district court lift the temporary stay on disclosure effective February 9, 2026, clearing the way for the DOL to begin releasing EEO-1 workforce demographic data that it withheld.

If the court approves the stipulation, the DOL would follow a defined disclosure schedule:

  • February 11, 2026: the DOL would release the EEO-1 report data of bellwether objectors and provide notice to non-bellwether contractors of the agency’s intent to release their EEO-1 report data.
  • February 25, 2026: the DOL would release EEO-1 report data of non-bellwether contractors.

Remaining Issues for the District Court

Despite the forthcoming disclosure, the litigation is not fully resolved. Two issues remain pending: (1) whether EEO-1 reports for 621 entities deemed not to be federal contractors during the relevant period were properly withheld, and (2) attorneys’ fees and costs, including fees incurred on appeal.

The parties also request that the case management conference be continued from February 12 to March 12, 2026, due to counsel’s schedule and to allow additional time for the parties to continue to meet and confer in an effort to resolve the remaining disputes without further court involvement.

Next Steps

If the court approves the stipulated request, bellwether contractors should expect public disclosure of their EEO-1 report data as early as mid-February. For non-bellwether contractors, the notice window would be brief, with two weeks’ notice before their EEO-1 data is released.

If you have questions about the release of EEO-1 data or how these developments could impact your organization, contact a Jackson Lewis attorney.

Tags: EEO-1 Data, federal contractors, 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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