In case you missed it, the Department of Labor, specifically the Office of Federal Contract Compliance Programs (OFCCP) has been grappling with a Freedom of Information Act (FOIA) request filed by the Center for Investigative Reporting for “Type 2” (consolidated) EEO-1 data for all federal contractors during the 2016-2020 EEO-1 reporting years.

The agency has done a fairly good job of providing the federal contractor community with notice of this request and opportunities to object to the disclosure of individual contractors’ data. In years past, this request would likely have been denied citing FOIA Exemption 4, which protects disclosure of confidential commercial information. However, changes to FOIA during the Obama administration now make that a more fact-specific inquiry. Without specific objections from the affected organization, the OFCCP intends to release the data.

Contractors who want to do so have one last chance to object to the disclosure of their EEO-1 data. In an email notification, the agency announced that it has published a publicly available list of contractors for whom the requested EEO-1 data will be released on Wednesday, February 8, 2023 unless those contractors file an objection, well, NOW.

The list is available HERE.

If your organization wants to file an objection, the deadline is 11:59 PM (Eastern Standard) on Tuesday, February 7, 2023.

To file an objection, the agency is directing people to their FAQ page HERE.

Contractors are also directed to contact the OFCCP’s National Office through either their telephone Help Line (1-800-397-6251) or by email at OFCCP-FOIA-EEO1-Questions@dol.gov. BCGi recommends emailing the agency notice of your organization’s intention to object, assuming you intend to do so.

If your organization needs help, Biddle has a list of trusted law firm partners with requisite experience in FOIA matters standing by to assist. Contact us at BCGi@Biddle.com.