OFCCP publishes a NEW notice providing contractors an opportunity to object to the release of their 2021 EEO-1 Type 2 reports under FOIA.
The Office of Federal Contract Compliance Programs (OFCCP) is 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 below information is intended only for those subject to the FOIA requests. Contractors subject to the FOIA requests can be found on our website here: https://www.dol.gov/agencies/ofccp/foia/library/Employment-Information-Reports. This notice gives contractors the opportunity to provide written objections to having their EEO-1 Type 2 Reports disclosed. Please be advised that although the Federal Register Notice published on October 29th reflects a response due date of December 9, 2024, OFCCP is extending this due date by 1 day to accommodate for the holiday on November 25th. All objections must be received no later than December 10, 2024, by 11:59 p.m.
OFCCP has received two FOIA requests which collectively seeks the 2021 and 2022 Type 2 Consolidated EEO-1 Report data of all federal contractors and first-tier subcontractors. Please be advised that OFCCP currently only has the EEO-1 data for reporting year 2021 in its possession, this Notice is limited to that dataset.
Consistent with the U.S. Department of Labor’s disclosure regulations at 29 CFR 70.26(j), OFCCP is providing notice to contractors covered by these FOIA requests through a published Notice in the Federal Register, an e-mail to all federal contractors for whom OFCCP has contact information, and this website.
The Federal Register Notice provides specific instructions and a list of questions that should be addressed by those contractors who wish to object to the disclosure of their Type 2 Consolidated EEO-1 Report data. To facilitate contractors’ written objections and the agency’s assessment of them, OFCCP has created the Submitter Notice Response Portal, to collect relevant information from contractors and their representatives that wish to object to the release of the requested data. We strongly suggest contractors use the Portal to submit their responses. Additional guidance regarding these FOIA requests is also available on this page.
Use of Response Data Collected
The responses collected from this web form will be evaluated to determine whether the requested information includes confidential trade secret, commercial, or financial information that should be withheld pursuant to FOIA Exemption 4.
Frequently Asked Questions
Visit the OFCCP’s Submitter Notice Response Portal for answers to frequently asked questions regarding FOIA requests for EEO-1 data.
Timeline
October 29, 2024
October 29, 2024
- Comment Period Open
- Federal Contractors will be able to respond to the Federal Register notice using the portal form.
December 10, 2024
- The comment period for the Federal Register Notice will be closed at 11:59 p.m. Responses will no longer be accepted after this date December 10, 2024.
Contact the OFCCP National FOIA Office
You may contact the OFCCP FOIA Help Desk by phone or email with any questions related to this process that we have not covered in our frequently asked questions. When calling about technical issues or other questions, please specify that you are calling in reference to the Submitter Notice Response Portal. Only responses or inquiries for the purpose of responding to the Federal Register Notice should be sent to the email address below. Responses sent elsewhere may not be acknowledged or accepted. Please note that our business hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday.
You may contact us at the information below:
National FOIA Office
Office of Federal Contract Compliance Programs
U.S. Department of Labor
Helpdesk Number: 1-800-397-6251
Email: OFCCP-FOIA-EEO1-Questions@dol.gov