News & Analysis as of

EEO-1 Pay Discrimination Federal Contractors

Seyfarth Shaw LLP

2021 EEO-1 Reports of Federal Contractors to be Released by OFCCP Absent Employer Action

Seyfarth Shaw LLP on

The University of Utah and a non-profit organization named "As You Sow" have issued FOIA requests to the Office of Federal Contract Compliance Programs (“OFCCP”) for the 2021 Type 2 Consolidated EEO-1 Reports filed by federal...more

Polsinelli

To Disclose or Not to Disclose: OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

Polsinelli on

As previously reported, in late December 2023, the Northern District of California ordered OFCCP to release the EEO-1 reports of federal contractors it had previously withheld from production based on various exemptions under...more

FordHarrison

Federal Court Orders OFCCP to Release Federal Contractors' EEO-1 Reports

FordHarrison on

Executive Summary: On December 22, 2023, a federal court in California ordered the OFCCP to release the EEO-1 reports of federal contractors who had filed an objection to the agency’s release of their EEO-1 data in response...more

Littler

OFCCP Quietly Extends Deadline for Submitting Objections to EEO-1 Disclosures and Reveals Intention to Post EEO-1 Data on its...

Littler on

Last August OFCCP published a notice in the Federal Register advising employers that in response to a Freedom of Information Act (FOIA) request, the agency was planning to produce confidential information that is ordinarily...more

Littler

OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added

Littler on

On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting....more

Littler

OFCCP Provides Employers with Five Business Days to Submit Objections to the Disclosure of Confidential Data

Littler on

OFCCP issued yet another notice today regarding its handling of a FOIA request for production of all federal contractors’ EEO-1 Type 2 data from 2016 through 2020. The request keeps in place a February 17, 2023, deadline...more

FordHarrison

OFCCP Publishes List Of Contractors Whose EEO-1 Reports Will Be Released And Offers One Last Chance To Object

FordHarrison on

On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal...more

Robinson+Cole Manufacturing Law Blog

Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting Contractors Starting January 2023

As an update to our October 12, 2022 post regarding the deadline for federal contractors and first-tier subcontractors to object to disclosure of their Type 2 Consolidated EEO-1 reports from 2016 to 2020, the Office of...more

Robinson+Cole Manufacturing Law Blog

Deadline Fast-Approaching for Specific Contractors to Object to Type 2 EEO-1 Report Disclosure

In 2019, the Office of Federal Contract Compliance Programs (OFCCP) received an unprecedented Freedom of Information Act (FOIA) request from an investigative reporter (which was later amended), requesting Type 2 Consolidated...more

Dorsey & Whitney LLP

What is the EEO-1 Report and What Are My Obligations?

Dorsey & Whitney LLP on

​​​​​​​The EEO-1 report, commonly referred to as either “Equal Employment Opportunity Compliance Report” or simply “EEO”, is a reporting requirement for many U.S. employers. Mandated by the U.S. Equal Employment Opportunity...more

Polsinelli

I Object! – OFCCP Extends Deadline to October 19 to Submit Objections to FOIA Request for All Type 2 Consolidated EEO-1 Reports

Polsinelli on

Yesterday OFCCP announced that it is extending the deadline to respond to and submit objections pursuant to its August 19, 2022, Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will...more

Littler

OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

Littler on

As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR).  Employers were given until...more

Woods Rogers

OFCCP Update: Possible Public Disclosure of EEO-1 Information

Woods Rogers on

Federal contractors should be aware of a recent development that could result in the public disclosure of their EEO-1 information. The EEO-1 Component 1 report is a mandatory annual data collection requiring all federal...more

Vinson & Elkins LLP

Do You Disclose Workforce Diversity Data? The OFCCP Might Do That For You

Vinson & Elkins LLP on

Any employer required to collect EEO-1 workforce demographic data should be thinking about the issue of whether to publicly disclose that data, and consider what might happen to it once it’s disclosed....more

Proskauer - Law and the Workplace

Reminder: EEO-1 Filing Deadline Is Fast Approaching With (Sort Of) No Extensions Coming

As we previously reported, the deadline for most employers with 100 or more employees (and most federal contractors with 50 or more employees) to file their 2021 EEO-1 reports is May 17, 2022. The portal for filing the...more

Orrick, Herrington & Sutcliffe LLP

OFCCP Reverses Course: Actually, Let’s See Those EEO‐1 Pay Data Reports

This month, OFCCP officially rescinded a Notice from nearly two years ago, which stated that it would not “request, accept, or use Component 2 data” that the EEOC collected with the 2017 and 2018 EEO-1 reports....more

Polsinelli

OFCCP May Use EEO-1 Data Reported By Employers in Support of Enforcement Efforts

Polsinelli on

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would “evaluate” using compensation data reported by federal contractors in annual EEO-1 filings to guide its enforcement...more

Proskauer - Government Contractor Compliance...

OFCCP to Reconsider Use of EEO-1 Component 2 Data

OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and...more

Littler

OFCCP Reverses Course, Will Use EEO-1 Pay Data for Investigation, Enforcement

Littler on

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more

Holland & Knight LLP

OFCCP and New Affirmative Action Developments for Federal Contractors

Holland & Knight LLP on

During the first seven months of the Biden Administration, there have been several developments in the area of federal contractor affirmative action. As most contractors know, three federal contractor affirmative action...more

BakerHostetler

[Podcast] EEO-1 Reporting and Implications Under the Biden Administration: Is Your Data in Order?

BakerHostetler on

Associate Mitch Robinson and Partner Shareef Farag, co-leader of Wage and Hour practice team, address considerations for employers when handling EEO-1 Reporting during the Biden Administration and assess what future federal...more

Stinson - Government Contracting Matters

Contractors Should Prepare for Increased OFCCP Pay Scrutiny

With the change in administration, government contractors should anticipate increased scrutiny of their pay practices. President Biden signaled heightened pay equity enforcement on his first day in office by appointing Jenny...more

Stinson - Government Contracting Matters

Updates on EEO-1 Reports, Non-Binary Self-Identification, and VETS-4212 Reports

EEO-1 Reports - With September upon us, many employers are remembering the prior filing deadline for EEO-1 Reports and wondering what is happening with that obligation. The short answer is that the U.S. Equal Employment...more

Stinson - Government Contracting Matters

End to EEO-1 Component 2 Pay Data Reporting for Now…

On February 10, 2020, in National Women’s Law Center v. Office of Management and Budget, the U.S. District Court for the District of Columbia ordered the Equal Employment Opportunity Commission’s (EEOC’s) collection of gender...more

Orrick - Equal Pay Pulse

OFCCP Says “No Thanks” to EEOC’s EEO-1 Pay Data

As you’ll recall from our extensive coverage of the EEO-1 pay data collection saga (which we previously reported on here, here, here, here, here, here, here, here, and here), private employers, including federal contractors,...more

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