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.