OFCCP Extends Deadline for Federal Contractor Objections to Release of EEO-1 Information

As we previously discussed in our August 2022 and September 2022 E-Updates, the OFCCP is planning to release certain demographic data from contractor EEO-1 Reports from 2016-2020 in response to a specific Freedom of Information Act request (Component 2 pay data has not been sought), but has extended the deadline by which contractors could object to the release of their information to March 3, 2023.

Contractors were given the opportunity to object to the release of such data by arguing an exception to FOIA, including that their EEO-1 information constitutes “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” There are FAQs for contractors wishing to object to the release of their EEO-1 data, as well as a portal for submission of objections.

On February 2, 2023, the OFCCP listed all contractors who had not yet filed an objection. It updated the list on February 10, and extended the deadline for contractors to object to their inclusion on the list to March 3. Another list will be published on March 10, and contractors will be given a “final” opportunity to inform OFCCP that their company was improperly listed by March 17, 2023. Contractors filing objections for the first time must explain why they did not object in response to prior notices.