You may receive a notice from the US Department of Labor concerning a Freedom of Information Act Request (FOIA) filed against the Office of Federal Contract Compliance (OFCCP) asking for the release of your company’s EEO-1 data. It appears that the filing of this FOIA request has become an annual event.
Your company’s data is not releasable from Equal Employment Opportunity Commission (EEOC) because it is requested through EEOC’s Title VII authority and its release is violation of that statute. OFCCP, however, obtains the data from the EEOC pursuant to its own authority and its rules do not have the same confidentiality requirements. The letter from OFCCP is basically asking companies to provide a rationale for OFCCP to deny the FOIA request.
C2 believes you should take the time to respond to OFCCP and explain why the release of the data will injure your company. To facilitate this process, OFCCP has created a web form through which covered contractors may submit written objections. Covered contractors may also submit written objections via email to [email protected] or by mail to the contact provided in this notice.
Contractors must object to disclosure by Tuesday, December 10, 2024. Objections must include sufficient evidence of policies and practices on confidentiality, including evidence that the contractor has not previously disclosed the information publicly.
A copy of your EEO-1 filing, if you are a covered contractor, is available on C2Connection under the CLIENT DOCUMENT folder viewable by owners where you can see the granular data about your company that is being requested from OFCCP.
The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographic data, including data by job category and sex and ethnicity, to the EEOC.