As we previously reported, in 2019 Will Evans from The Center for Investigative Reporting (CIR) submitted a FOIA request to OFCCP seeking all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020.  In response to the request, OFCCP published notice in the Federal Register pursuant to the Freedom of Information Act notifying contractors how they could submit objections to the release of their EEO-1 Reports.  Contractors were given until October 19, 2022 in which to make their individualized arguments as to why their EEO-1 reports were exempt from release.  Once received OFCCP was to undertake the process of determining which reports to release in response to the FOIA request.

On November 15, 2022, growing impatient with OFCCP’s apparent lack of progress of reviewing and responding to the request, CIR filed a complaint in the Northern District of California alleging OFCCP violated FOIA by not responding to CIR’s FOIA request within 20 business days. The complaint seeks injunctive relief ordering the release of the EEO-1 Reports within 20 days of the Court’s order on the matter.

According to the complaint, OFCCP was previously in communication with Mr. Evans, indicating the Agency “intends to release to [CIR] the names of those federal contractors that objected under an applicable FOIA exemption and whose data was removed from public release.”  At the time of the filing, CIR reported it had not received any such list, nor had it received any reports, including those from organizations who consented to disclosure or waived their right to withholding by not filing objections.

It remains to be seen whether the court will summarily order disclosure of the reports or if it will undertake a review of the case on the merits, including a review of the individualized basis on which each contractor argued its reports were protected from disclosure.

The Department of Labor has not yet responded to the complaint. We are monitoring the case and will alert with any further updates.

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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.