Due Date Extended: EEO-1 Reports may be Released- How to Respond

Blog
September 2, 2022

September 15, 2022 Update: DOL extended the deadline to submit objections to October 19, 2022.

The U.S Department of Labor (DOL) has received a Freedom of Information Act (FOIA) request for copies of all EEO-1 reports submitted by contractors during the period 2016 through 2020. Contractors with over 100 employees are required to submit an annual EEO-1 report that contains detailed demographic information about the contractor’s workforce, which is some cases, must be itemized by contractor location. Most contractors consider the information on the EEO-1 report to be confidential data.

However, per a notice posted by DOL on August 19, 2022, contractors have the opportunity to object to the release of this information. Per the DOL notice, the objection to the release of your EEO-1 report must be submitted by September 19, 2022. The objection should cite FOIA Exemption 4 that protects confidential commercial data from release. The objection should address the following questions;

  1. Does the contractor customarily keep the EEO-1 report confidential?
  2. What steps are taken to keep the EEO-1 information confidential and to whom has it been disclosed?
  3. Has the government provided an express or implied assurance of confidentiality or, in the alternative, at the time of disclosure, were there any indications that the Government would publicly disclose the information?
  4. How would disclosure of this information harm the contractor’s economic or business interests?

Contractors can file their objections by submitting it through a web portal or emailing the objections to OFCCPSubmitterResponse@dol.gov.  While submitting an objection does not guarantee that your EEO-1 reports will be exempt from release, per the DOL notice, failure to submit an objection means the report will be released.

Please contact Aronson if you need any assistance preparing your objection.