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
Freedom of Information Act
Ninth Circuit Affirms Disclosure of EEO-1 Reports Under FOIA
Posted in Uncategorized
On July 30, 2025, the Ninth Circuit Court of Appeals upheld a district court order requiring the U.S. Department of Labor (DOL) to release EEO-1 reports previously withheld in response to Freedom of Information Act (FOIA) requests. In Center for Investigative Reporting v. U.S. Dep’t of Labor, the Ninth Circuit held that federal contractors’…
OFCCP publishes a NEW notice providing contractors an opportunity to object to the release of their 2021 EEO-1 Reports
By Laura A. Mitchell on
Posted in Agency Notice
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…
OFCCP Notifying Non-Objecting Contractors of Intent to Disclose EEO-1 Data
By Laura A. Mitchell on
Posted in Uncategorized
On the heels of the filing of the Center of Investigative Reporting lawsuit alleging OFCCP is not properly responding to its FOIA request for federal contractor 2016-2022 EEO-1 Type 2 Reports, the Agency is notifying companies for which it does not have a record of an objection, that the Agency intends to release the requested…
Center for Investigative Reporting Files Lawsuit Seeking Release of Federal Contractor EEO-1 Reports
Posted in Legal Update
As we previously reported, in 2019 Will Evans from The Center for Investigative Reporting (CIR) submitted a FOIA request to OFCCP seeking all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020. In response to the request, OFCCP published notice in the Federal Register pursuant to the Freedom of Information Act notifying…
OFCCP Makes CSAL List Supplement Publicly Available
By Laura A. Mitchell on
Posted in Enforcement Update
Wondering whether your organization has been selected for an upcoming audit as part of OFCCP’s recent Corporate Scheduling Announcement Letter (CSAL) list supplement? Well, wonder no more. OFCCP has made publicly available its most recent CSAL supplement as well as the two previous CSAL lists (2017 and 2018).
As a reminder, CSALs…
Public Advocacy Group Sues OFCCP in Connection with EEO-1 FOIA Requests
By Laura A. Mitchell on
Posted in Uncategorized
As we’ve been discussing, now is the time for employers to be filing their annual EEO-1 reports. Coincidentally, and perhaps not un-intentionally, Public Citizen, a non profit advocacy group is also using this time to sue OFCCP around its practices of withholding information involving employers’ EEO-1 reports.
On February 26, Public Citizen filed suit…
OFCCP’s Scheduling Letter Renewed for Three Years
By Laura A. Mitchell on
Posted in Enforcement Update
On the eve of the Fourth of July holiday, and just in time for the start of the final quarter of the Agency’s fiscal year, OFCCP announced it had received approval of its revised Scheduling Letter and Itemized Listing. The revised letter, which, when received by a contractor initiates an Agency compliance review, was…