On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Dep’t of Labor filed a stipulated request in the U.S. District Court for the Northern District of California to lift the temporary stay that has paused the disclosure of federal contractors’ EEO-1 reports at the center of this case.

Case Background

In 2025, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s order that required the U.S. Department of Labor (DOL) to release EEO-1 report data the agency had withheld in response to Freedom of Information Act (FOIA) requests. The Ninth Circuit held that EEO-1 workforce demographic data is not “commercial” information protected by FOIA Exemption 4 and must be disclosed. The decision became final after the federal government declined to seek rehearing. While the Ninth Circuit’s decision resolved a significant legal question about the scope of FOIA Exemption 4, the case had not concluded, with additional issues remaining before the district court.

Stipulated Request

The parties’ joint proposal indicates that the implementation of the Ninth Circuit’s FOIA ruling is now proceeding, with the federal government preparing to release both bellwether and non-bellwether EEO-1 data on a set timeline. The parties request that the district court lift the temporary stay on disclosure effective February 9, 2026, clearing the way for the DOL to begin releasing EEO-1 workforce demographic data that it withheld.

If the court approves the stipulation, the DOL would follow a defined disclosure schedule:

  • February 11, 2026: the DOL would release the EEO-1 report data of bellwether objectors and provide notice to non-bellwether contractors of the agency’s intent to release their EEO-1 report data.
  • February 25, 2026: the DOL would release EEO-1 report data of non-bellwether contractors.

Remaining Issues for the District Court

Despite the forthcoming disclosure, the litigation is not fully resolved. Two issues remain pending: (1) whether EEO-1 reports for 621 entities deemed not to be federal contractors during the relevant period were properly withheld, and (2) attorneys’ fees and costs, including fees incurred on appeal.

The parties also request that the case management conference be continued from February 12 to March 12, 2026, due to counsel’s schedule and to allow additional time for the parties to continue to meet and confer in an effort to resolve the remaining disputes without further court involvement.

Next Steps

If the court approves the stipulated request, bellwether contractors should expect public disclosure of their EEO-1 report data as early as mid-February. For non-bellwether contractors, the notice window would be brief, with two weeks’ notice before their EEO-1 data is released.

If you have questions about the release of EEO-1 data or how these developments could impact your organization, contact a Jackson Lewis attorney.

Tags: EEO-1 Data, federal contractors, OFCCP
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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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