Federal Contractors Beware: EEO-1 Data Will Be Released by OFCCP if Contractors Fail to File Objections by March 3

Written by: Abtin Mehdizadegan, Esq.

As many contractors are aware, the Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting seeking Type 2 EEO-1 Report data from 2016-2020 for all federal contractors and first-tier subcontractors. EEO-1 reports contain over 180 different data points and, in the wrong hands, release of this information could harm your business.

Plaintiffs’ attorneys will use this data to identify litigation targets. Union organizers will highlight perceived disparities among union and non-union positions. Reporters and the public will focus on executive compensation. And competitors will gain unique insight into broader corporate acquisition strategies, staffing models, and compensation-level decisions across organizations and business units.

Because this data is highly sensitive, OFCCP published a notice in the Federal Register in August 2022 providing contractors with an opportunity to object to the disclosure of their sensitive business data. Although the objection period expired, OFCCP announced earlier this month that contractors can now submit belated objections through March 3, 2023.

All businesses should review OFCCP’s list of non-objectors to determine whether their EEO-1 data is set to be disclosed. If your business would like to protect its data and avoid unfair competitive harm, contact an attorney with Hall Booth Smith’s Labor & Employment practice group to assist you with submitting an objection.

Disclaimer

This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Hall Booth Smith, P.C. and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.