On August 19, the Federal Register published a Notice that OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR). CIR is seeking all federal prime contractors’ and first-tier subcontractors’ EEO-1 Type 2 Consolidated Reports for the period 2016-2020. The Type 2 Report includes data for all employees of the company (i.e., all employees at headquarters as well as all establishments) categorized by race/ethnicity, sex, and job category.
Typically, OFCCP contacts contractors directly when it receives a FOIA request for their records. Given the breadth of CIR’s request, contractors should not wait for a direct communication from OFCCP before submitting objections. Contractors who oppose the release of their Type 2 reports must file objections with the OFCCP by September 19, 2022.
The Federal Register Notice includes instructions for submitted objections and a list of specific questions contractors must address in their objections. OFCCP has created the Submitter Notice Response Portal to collect objections from contractors and their representatives.
For more information or to discuss filing objections, please contact Consuela Pinto, partner in our Washington DC office and member of FordHarrison's Affirmative Action/OFCCP Compliance Group at cpinto@fordharrison.com. Of course, you can also contact the FordHarrison attorney with whom you usually work or any member of the practice group.