As HR Works previously reported, the Office of Federal Contract Compliance Programs (OFCCP) recently issued a public notice to employers that the agency has received a Freedom of Information Act (FOIA) request to disclose EEO-1 Reports filed by federal contractors and subcontractors (collectively, “contractors”).
Contractors who do not wish to have their Type 2 Consolidated EEO-1 Report data disclosed can file objections on the OFCCP’s Submitter Notice Response Portal, and specific instructions for objecting to the FOIA request can be found in the Federal Register Notice. Objections must be submitted individually in writing and include company-specific information that will allow OFCCP to determine whether Exemption 4 is applicable.
DEADLINE FOR OBJECTIONS
Contractors originally had until September 19th to object to their data being disclosed under this FOIA request. Due to an overwhelming response from contractors requesting additional time to determine if they are a covered contractor and to submit their objection, the OFCCP has extended the deadline for objections to Wednesday, October 19, 2022.
COVERED EMPLOYERS
It is presumed that the impacted employers are those who answered “Yes” to question 3 on the EEO-1 report in any of the five years that are covered by the request. Employers can find this information in the upper right-hand corner of their EEO-1 Reports, under “Section C.”
OFCCP also plans to notify contractors it believes to be covered by this FOIA request using the email address provided by contractors that have registered for the OFCCP Contractor Portal as well as the email addresses provided as contact information for the EEO-1 report.
NEXT STEPS
As a reminder: due to the individual nature of each employer’s objection, HR Works clients should visit the response portal to submit their own responses. Your HR Works Project Manager is available to assist with any questions you might have.