As we previously discussed, on August 19, 2022, OFCCP announced that it received a FOIA request for certain EEO-1 data submitted by federal contractors and first tier subcontractors from 2016 to 2020. Contractors who wished to object to disclosure of their EEO-1 data were originally given until September 19, 2022, to file written objections via OFCCP’s Submitter Notice Response Portal.

OFFCP recently extended the deadline for filing objections by one month, to October 19, 2022, stating that the extension was in response to requests from “numerous contractors and contractor representatives” for additional time and questions raised by some contractors as to whether the FOIA request applies to them. To address the second concern, OFCCP states that it will email contractors that it believes are covered by the FOIA request, using the email address that registered contractors provided in OFCCP’s Contractor Portal and the email addresses provided as contacts for the EEO-1 report.

For assistance with filing an objection or determining whether it is in your organization’s interest to do so, contact one of the authors of this post or the Hogan Lovells lawyer with whom you regularly work.

Authored by George Ingham, Amy Folsom Kett, and Heather McAdams.