OFCCP Extends Deadline for Contractor Objections to EEO-1 FOIA Request
The Office of Federal Contract Compliance Programs ("OFCCP") recently published a notice of extension to give covered contractors more time to object to a Freedom of Information Act ("FOIA") request involving contractor EEO-1 reports.
The FOIA request was filed by the Center for Investigative Reporting ("CIR") and seeks all EEO-1 report data submitted by federal contractors and first-tier subcontractors for reporting years 2016–2020. OFCCP's original deadline for contractors to submit objections was September 19, 2022, but it extended that deadline with a notice on its website:
Notice of Extension: The August 19, 2022, Federal Register notice provided a deadline of September 19, 2022, for contractors to submit written objections to disclosure of the requested Type 2 EEO-1 Report data. 87 FR 51145. OFCCP is extending this deadline to October 19, 2022, to ensure that Covered Contractors have time to ascertain whether they are covered and submit objections.
OFCCP provided multiple reasons for extending the deadline, including numerous contractor requests for extension. OFCCP also said that would email contractors that it believes are covered by the FOIA request, so contractors should be on the lookout for communications from OFCCP (to email associated with OFCCP’s Contractor Portal and EEO-1 reports).
Contractors that do not object to the FOIA request by submitting their objection to OFCCP will see their EEO-1 data released under the FOIA request. For timely submitted objections, OFCCP said that it will independently evaluate contractor objections to determine whether it will withhold the information from release under FOIA Exemption 4.
For more information, contractors can visit OFCCP's Submitter Notice Response Portal Frequently Asked Questions.
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