On February 9, 2026, the U.S. District Court for the Northern District of California approved the parties’ stipulation in Center for Investigative Reporting v. U.S. Dep’t of Labor and lifted the temporary stay that had paused disclosure of federal contractors’ EEO-1 reports.  With the stay lifted, the U.S. Department of Labor (DOL) can begin releasing EEO-1 workforce demographic data in response to the Freedom of Information Act (FOIA) requests that are the subject of this case, consistent with the Ninth Circuit Court of Appeals’ ruling.

Disclosure Timeline

Under the stipulated schedule, the DOL will move forward with a staged disclosure that will affect both bellwether and non-bellwether federal contractors:

  • February 11, 2026: the DOL will release EEO-1 report data for bellwether objectors;
  • February 11, 2026: the DOL is also expected to provide notice to non-bellwether contractors of the agency’s intent to release their EEO-1 report data; and
  • February 25, 2026: the DOL is set to release EEO-1 report data of non-bellwether contractors.

Notices

OFCCP began sending notices to non-bellwether contractors on February 11th.  The notices provided a history of the litigation and stated, pursuant to the court’s order, the EEO-1 reports for objecting contractors will be released February 25, 2026.  The notice gave no instruction or indication of an opportunity to object or confirmation of the method of publication.

Remaining Case Issues

Although disclosure is moving forward, two issues are pending before the district court: whether EEO-1 reports for hundreds of entities considered not to be federal contractors during the relevant period were properly withheld, and attorneys’ fees and costs. The district court also granted the parties’ request to continue the case management conference until March 12, 2026, which may allow more time to resolve these remaining disputes.

If you have questions about the impending release of EEO-1 data or potential objections, contact a Jackson Lewis attorney to discuss your organization’s situation.

Tags: EEO-1 Report, FOIA, Freedom of Information Act, OFCCP, Office of Federal Contract Compliance Programs
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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.

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