Act Now: Protect 2021 EEO-1 Reports—Submit Objections by December 10, 2024

The Office of Federal Contract Compliance Programs (OFCCP) has launched a new Freedom of Information Act (FOIA) request for federal contractors' 2021 Type 2 Consolidated EEO-1 Reports. This request follows a similar action taken in 2022, which targeted 2016-2020 data. Contractors now have until December 10, 2024 to file objections if they believe their reports contain sensitive information that they wish to keep private.

Overview of the Type 2 Consolidated EEO-1 Report

For contractors with multiple sites, the EEO-1 Type 2 Consolidated Report aggregates demographic details about their workforce, covering factors like race, gender, ethnicity, and role categories. However, unlike other EEO reports, the Type 2 report doesn't capture wage information, focusing on employee demographics by job type across locations. 

Key Deadlines for Contractors

With the request notice published on October 29, 2024, contractors have a forty-day window to raise any objections to the release of their 2021 EEO-1 data. OFCCP's Submitter Notice Response Portal has been launched to streamline submissions. Missing the objection deadline could result in an automatic release of the data. 

How to Formulate an Objection

OFCCP has outlined criteria to assist contractors in crafting effective objections. These include:

• Data Confidentiality: Contractors should clearly state why the information is sensitive, proprietary, or valuable enough to keep confidential.
• Protection Measures: Contractors are encouraged to document any steps taken to restrict access to their report data.
• Economic Impact: Contractors should consider explaining how the release of their data could potentially impact their business interests. 

OutSolve's Take

Contractors should quickly review OFCCP's list, which includes 14,290 contractors, to see if their company is subject to potential disclosure under the recent FOIA request. If your company is listed, consider preparing a comprehensive objection addressing each criterion outlined by OFCCP to safeguard your sensitive data. This process provides affected contractors with a critical opportunity to influence OFCCP's decision on the handling of their 2021 EEO-1 data.