News & Analysis as of October 15, 2024

Freedom of Information Act › Wage and Hour › Data Collection

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The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version. less -

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

Polsinelli on 2/16/2024

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

Federal Court Rejects Objections and Orders OFCCP to Disclose EEO-1 Reports

Polsinelli on 1/25/2024

Despite objections by thousands of employers and its own continuing review of records, the OFCCP has been ordered by a federal court to produce all EEO-1 Type 2 reports of federal prime contractors and first-tier...more

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

FordHarrison on 1/9/2024

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

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

Littler on 2/15/2023

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

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

Robinson+Cole Manufacturing Law Blog on 10/13/2022

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

OFCCP Update: Possible Public Disclosure of EEO-1 Information

Woods Rogers on 9/14/2022

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

Is Your EEO-1 Report At Risk of Disclosure?

Cozen O'Connor on 9/1/2022

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice on August 19 in the Federal Register informing all federal contractors that it had received a Freedom of Information Act...more

OFCCP Receives Media Request for EEO-1, Type 2 Report Filed by Federal Contractors

FordHarrison on 8/25/2022

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

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on 8/22/2022

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

OFCCP Announces Notice of Widespread Request for Contractors EEO-1 Reports and Opportunity to Object

Jackson Lewis P.C. on 8/19/2022

According to OFCCP, on June 2, 2022, the Center for Investigative Reporting sent OFCCP a request for the disclosure of . . . "Type 2 EEO-1 reports for all federal contractors, including first-tier subcontractors, from...more

EEO-1 Pay Data Rule: The EEOC Listened (Sort of)

Miles & Stockbridge P.C. on 7/26/2016

In our February 29, 2016 blog, we warned of concerns employers should have about the EEOC’s proposal to begin collecting pay data as part of the EEO-1 form, currently filed by employers with more than 100 employees and some...more

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