The Office of Federal Contract Compliance Programs (OFCCP) has published a notice in the Federal Register notifying federal contractors of two new Freedom of Information Act (FOIA) requests for the disclosure of contractors’ EEO-1 Type 2 Reports for the year 2021.  The requests also ask for the 2022 Reports but OFCCP currently has access to only the 2021 reports.

Contractors subject to the FOIA requests can be found on OFCCP’s website here: https://www.dol.gov/agencies/ofccp/foia/library/Employment-Information-Reports.

As it did in 2022 in connection with last large-scale EEO-1 FOIA requests, OFCCP has created a Submitter Notice Response Portal to collect relevant information from contractors and their representatives that wish to object to the release of the requested data. 

The portal will open October 29, 2024. Objections to the new requests are due by December 10, 2024.

The previous FOIA requests and objections filed to those requests in 2022 are still embroiled in active litigation. As such, the acceptance of contractors’ prior requests and any newly filed objections remain to be seen.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.