The OFCCP has extended the deadline for companies to object to the FOIA requests to December 10, 2024.
The Office of Federal Contract Compliance Programs (“OFCCP”) recently announced two new Freedom of Information Act (“FOIA”) requests seeking the disclosure of certain federal contractors’ 2021 EEO-1 Type 2 Reports. If this sounds familiar, it’s not just déjà vu. In 2022, similar FOIA requests were filed targeting the same type of employee data for the years 2016 through 2020. For companies on the targeted list, now is the time to act: Objections to the new requests are due by December 9, 2024.
Here is what you need to know:
Which companies are subject to the FOIA requests?
The list of companies subject to the 2021 EEO-1 data requests can be found HERE.
Who made the FOIA requests?
The OFCCP received the current requests for 2021 data from the University of Utah and from the non-profit organization “As You Sow.”
What employee data has been requested?
The FOIA requests seek disclosure of EEO-1 Type 2 Reports that were filed with the Equal Employment Opportunity Commission for Fiscal Year 2021. These Reports include information regarding all employees at a company’s headquarters and its establishments, categorized by job category, sex, and race or ethnicity.
How can a company object to disclosure?
Companies seeking to object must file a written objection through the OFCCP’s Submitter Notice Response Portal by December 9, 2024. The objection must include a detailed written statement explaining why the information is not subject to disclosure under FOIA Exemption 4, which protects against the disclosure of “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” 5 U.S.C. 552(b)(4).
What happens after the written objection is filed? The OFCCP will review timely written objections to determine whether the information is subject to FOIA Exemption 4. If the OFCCP determines that disclosure is appropriate, it will provide the company with written notice of its decision and a specified disclosure date. Companies that fail to timely file will be considered to have no objection to disclosure.
If you have questions related to the FOIA requests or need assistance crafting an objection, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.
