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September 2022: OFCCP Extends Deadline to October 19 to File Responses to EEO-1 FOIA Notice

27 Sep

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Update Applicable to:
All federal contractors and first-tier subcontractors.

What happened?
On September 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) extended the deadline for federal contractors and first-tier subcontractors to submit objections to a broad Freedom of Information Act (FOIA) request filed by an investigative reporter.

What are the details?
On August 19, 2022, OFCCP published notice of a FOIA request seeking Type 2 Consolidated EEO-1 Report data filed by federal contractors and first-tier subcontractors for reporting years 2016 through 2020. The original deadline for objections was September 19, 2022.

The new deadline by which affected contractors submit objections is October 19, 2022, to “ensure that Covered Contractors have time to ascertain whether they are covered and submit objections.”

In addition to extending the deadline, OFCCP has indicated it will now be emailing contractors that OFCCP believes are covered by this FOIA request, using the email address provided by contractors that have registered in OFCCP’s Contractor Portal and the email addresses provided as a contact for the EEO-1 report in an attempt to assist contractors in determining whether they are included in the universe of Covered Contractors during the requested timeframe.

As a reminder, OFCCP has created an OFCCP Submitter Notice Response Portal for submission of objections.  The website also contains FAQs and alternative methods for contacting OFCCP.

Specifically, OFCCP indicates contractors may contact the OFCCP FOIA Help Desk by phone or email with any questions related to this process that it has not covered in its frequently asked questions.

For more information, please see the links below:

Department of Labor Announcement

FAQs

Article 1Article 2

What do employers need to do?
Contractors should review the links provided above and should take advantage of the deadline to submit any objections they might have to the FOIA.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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