Action Needed – OFCCP Intends to Release Type 2 EEO-1 Data

The OFCCP posted a list of contractors that did not object to the release of their Type 2 EEO-1 data as per the Freedom of Information Act (FOIA) request filed by the Center of Investigate Reporting. The agency reported that the data is expected to be released around February 8, 2023. The OFCCP is encouraging contractors to review the list and contact the OFCCP if the contractor believes their organization is incorrectly included. OutSolve had previously posted two blogs, Objection Must be Filed to Stop OFCCP from Releasing EEO-1 Reports from 2016-2020 and DOL Sued Over EEO-1 FOIA Requests & OFCCP Gives Contractors Another Chance to Object to the Release of EEO-1 Reports.

It is unknown how the Center of Investigative Reporting will be analyzing the data. The data includes the Type 2 report that shows the racial and gender demographics by EEO-1 occupational category across the entire organization. The OFCCP will be providing the data from 2016-2020 for all contractors that did not object. It is possible that they will be analyzing the data by industry, by geography, and/or by size of organization and perhaps making some conclusions regarding patterns or trends by representation of race/ethnicity or sex.

The OFCCP is now providing contractors with one more opportunity to review the list to “assert that their data should not be released because (a) they were not a federal contractor during the relevant time period; or (b) they believe they previously submitted an objection to the disclosure of their EEO-1 data.” Contractors must respond by no later than 11:59pm EST on February 7, 2023.

The response must include all the information to support the assertion that the organization was not a federal contractor during 2016-2020 or had previously submitted an objection to the release of data. The OFCCP also noted that no other objections to the release would be considered. Contractors are instructed to contact the OFCCP National FOIA office by calling 1-800-397-6251 or by email at OFCCP-FOIA-EEO1-Questions@dol.gov. Additional information on the FOIA request is available on the FOIA FAQ page.

If you have any other questions regarding your EEO-1 data or need assistance in preparing your 2023 EEO-1 submission, please contact your OutSolve consultant at info@outsolve.com, or by calling 888-414-241