News & Analysis as of August 9, 2025

EEO-1

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The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version. less -

Ninth Circuit Orders Release of Federal Contractor EEO-1 Reports

Proskauer - Government Contractor Compliance... on 8/5/2025

On July 30, 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Labor (“DOL”) must disclose federal contractor EEO-1 Reports requested by the Center for Investigative Reporting (“CIR”). The...more

Ninth Circuit Affirms Disclosure of EEO-1 Reports Under FOIA

Jackson Lewis P.C. on 8/4/2025

On July 30, 2025, the Ninth Circuit Court of Appeals upheld a district court order requiring the U.S. Department of Labor (DOL) to release EEO-1 reports previously withheld in response to Freedom of Information Act (FOIA)...more

Appellate court orders disclosure of contractors’ EEO-1 Reports

Constangy, Brooks, Smith & Prophete, LLP on 8/1/2025

The Ninth Circuit rules that FOIA does not protect data from disclosure. As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Ninth Circuit Orders Disclosure of Federal Contractors’ 2016–2020 Consolidated EEO-1 Data

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/1/2025

In a ruling significant to federal contractors and government transparency advocates alike, the U.S. Court of Appeals for the Ninth Circuit has affirmed a district court order requiring the U.S. Department of Labor (DOL) to...more

Deadline for Federal Contractors to Object to New OFCCP FOIA Requests: December 10, 2024

Cozen O'Connor on 11/27/2024

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register on October 29, 2024, notifying federal contractors of its receipt of two new requests under the...more

OFCCP Publishes Notice of NEW FOIA Request and Provides Opportunity for Contractors to Object to Release of Their 2021 EEO-1 Type...

Proskauer - Government Contractor Compliance... on 10/30/2024

On October 28, 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) published a notice in the Federal Register informing federal contractors that the agency has received two new Freedom of Information Act...more

Federal Contractors: Your 2021 EEO-1s Might Be Disclosed by OFCCP if You Don’t Object!

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/29/2024

The Office of Federal Contract Compliance Programs (OFCCP) has announced through its website and the Federal Register a new Freedom of Information Act (FOIA) request targeting federal contractors’ Type 2 Consolidated EEO-1...more

DOL Appeals EEO-1 FOIA Ruling to Ninth Circuit Court of Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2024

On February 15, 2024, the U.S. Department of Labor (DOL) filed a notice of appeal to the Ninth Circuit Court of Appeals, seeking review of a district court ruling that ordered the DOL to release federal contractors’ 2016–2020...more

OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

Jackson Lewis P.C. on 2/15/2024

As previously reported, in December 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) was ordered to release the EEO-1 reports of federal contractors it had withheld from production in...more

Court Orders Release of Contractor EEO-1 Reports

Proskauer - Government Contractor Compliance... on 1/30/2024

On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...more

Court Orders OFCCP to Release EEO-1 Reports

Jackson Lewis P.C. on 1/8/2024

The Center for Investigative Reporting’s (CIR) lawsuit against the U.S. Department of Labor, Office of Federal Contract Compliance Program (OFCCP) over EEO-1 report access has ended — at least for now — in the court ordering...more

Court Rules EEO-1 Reports Are Not Exempt “Commercial” Information Under FOIA; Department of Labor May Appeal

Seyfarth Shaw LLP on 1/4/2024

Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for...more

Court orders release of contractors’ EEO-1 Reports

Constangy, Brooks, Smith & Prophete, LLP on 1/3/2024

Another chapter has unfolded in the ongoing saga relating to the unprecedented and massive FOIA request for all federal contractors’ EEO-1 Reports. As we previously reported, Will Evans, a reporter with The Center for...more

Beltway Buzz - March 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/6/2023

POTUS Nominates Su to Lead DOL. This week, President Biden nominated Julie Su to serve as secretary of the U.S. Department of Labor (DOL) (the current secretary, Marty Walsh, is scheduled to leave his position later this...more

OFCCP Issues New February 17 Deadline for Federal Contractors to Object to Disclosure of EEO-1 Data!

Ruder Ware on 2/15/2023

If you are a federal contractor, keep reading. Last summer, the Office of Federal Contractor Compliance Programs (OFCCP) issued a notice to all federal contractors that the Center for Investigative Reporting had requested...more

Beltway Buzz - February 2023 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/13/2023

Biden’s SOTU, Part II. This week, President Biden delivered his second State of the Union (SOTU) address to a joint session of the U.S. Congress. (Over the years, the Buzz has been quite candid with our feelings about the...more

OFCCP’s New February 17 Deadline for Asserting Objections to EEO-1 Data Release

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/8/2023

In a notice released on February 7, 2023, the Office of Federal Contract Compliance Programs (OFCCP) posted an updated final notice of the agency’s impending release of EEO-1 Type 2 (Consolidated) reports for 2016-2020 to all...more

DOL Notifies Government Contractors That It Intends to Disclose EEO-1 Data for Non-Objectors

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/29/2022

We recently reported on a Freedom of Information Act (FOIA) request covering government contractors’ 2016–2020 Type 2 EEO-1 reports announced in the Federal Register, pursuant to which contractors had until October 19, 2022,...more

Center for Investigative Reporting Files Lawsuit Seeking Release of Federal Contractor EEO-1 Reports

Jackson Lewis P.C. on 11/22/2022

As we previously reported, in 2019 Will Evans from The Center for Investigative Reporting (CIR) submitted a FOIA request to OFCCP seeking all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020. In...more

DOL Sued Over FOIA Request for Contractors’ EEO-1 Reports

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/17/2022

On November 15, 2022, an investigative reporter and a nonprofit news organization sued the U.S. Department of Labor (DOL) under the Freedom of Information Act (FOIA). The investigative reporter previously submitted multiple...more

Beltway Buzz - October 2022 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/17/2022

DOL Proposes New Independent Contractor Test. On October 13, 2022, the U.S. Department of Labor’s Wage and Hour Division published a notice of proposed rulemaking—“Employee or Independent Contractor Classification Under the...more

Federal Contractors Have Until September 19 to Object to FOIA Disclosure of EEO-1 Reports

Fenwick & West LLP on 9/7/2022

Federal contractors who have filed an Employment Information Report (EEO-1) Type 2 Consolidated between 2016-2020 and wish to object to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)...more

Federal Contractors' EEO-1 Reports May Be Revealed

McDermott Will & Schulte on 8/30/2022

The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently broadcasted a notice to federal contractors of its potential release of their EEO-1 reports. Contractors have until September 19,...more

Going Public With It – OFCCP Publishes Notice Regarding FOIA Request for All Type 2 Consolidated EEO-1 Reports – and Sets...

Polsinelli on 8/30/2022

On August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will Evans, a...more

Government Contracts Legal Round-Up | 2022 Issue 17

Jenner & Block on 8/30/2022

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

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Freedom of Information Act › Department of Labor (DOL) › EEO-1

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