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September 2022: OFCCP Plans to Disclose Confidential Employer EEO-1 Data

30 Aug

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Update Applicable to:
All employers of federal contractors.

What happened?
On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential information that is protected from disclosure pursuant to a statutory exemption.

Employers have been given until September 19, 2022, to file written objections to prevent the disclosure of their information.

What are the details?
Employers with 100 or more employees subject to Title VII are required to file EEO-1 reports annually. Employers with 50 or more employees that hold certain federal contracts are also required to file EEO-1 reports annually, even if they have under 100 employees. EEO-1 reports must be filed for each of an employer’s locations (or “establishments”) and include information on the number of employees working at the establishment as of a moment in time, reported by Job Category, and information regarding the employees’ sex and race or ethnicity.

In addition to separate reports for every establishment, the annual filing must also include a so-called Type 2 Consolidated Report, which aggregates all the data for all establishments. In situations where multiple legal entities are affiliated through a parent, the parent is required to file EEO-1 reports for all of the related companies. The Type 2 Report will aggregate all of the employees for all of the establishments of all the companies in the corporate family.

Below are some key points regarding the update, written by our trusted source, Littler:

For more information, please see the links below:

Federal Register Notice

Submitter Notice Response Portal

Article 1Article 2

What do employers need to do?
Employers of federal contractors should review the links provided above and be aware of the submittal deadline of September 19, 2022, for any objections they may have.

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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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