As previously reported in our September 15 client alert, the US Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) announced that it had received a Freedom of Information Act (FOIA) request for all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016 to 2020. The agency permitted covered contractors to object to disclosure of their reports until September 19. On September 15, however, the OFCCP extended this deadline to October 19, 2022, to "ensure that covered contractors have time to ascertain whether they are covered and submit objections."
The OFCCP indicated that some contractors had also raised questions regarding whether they are included in the pool of covered contractors during the requested time frame. In response, the OFCCP announced that it would email contractors that it believes are covered by the FOIA request, using the address provided by contractors that have registered in its Contractor Portal. The agency also stated that contractors may contact the OFCCP FOIA Help Desk by phone or email with any questions not covered in the agency's FAQs. If you have any questions about OFCCP developments, please reach out to a member of the Cooley employment team.