Federal Contractor Data Release

The Office of Federal Contract Compliance Programs (OFCCP) announced an extension for contractors to respond and object to the information to be released of their Federal Contractors’ Type 2 Consolidated EEO-1 Report Data through FOIA requests from the Center for Investigative Reporting.

Per the Release…

OFCCP is working to expeditiously produce responsive information to CIR from contractors without objections, while also ensuring that any information that may be protected from disclosure under FOIA based on contractor objections is withheld so that OFCCP has an opportunity to evaluate those objections. To this end, we are performing additional quality assurance checks to confirm those contractors that have not objected and for which EEO-1 data is subject to disclosure in response to this FOIA request. Accordingly, OFCCP will take the following steps:

  • OFCCP is extending the time for contractors to respond from February 17, 2023, until March 3, 2023.
  • OFCCP will post an updated list of non-objectors no later than February 17, 2023. This updated list will remove contractors that OFCCP has identified as incorrectly included on the February 2, 2023 list, including contractor responses submitted by February 10, 2023. It will also remove all contractors that submitted objections after the publication of the February 2, 2023 list until February 10, 2023, while OFCCP evaluates these objections.
  • After the close of the response period on March 3, 2023, OFCCP will publish a second updated list by March 10, 2023, which will remove contractors that submitted objections after February 10, 2023 and by March 3, 2023, while OFCCP evaluates these objections. Contractors will then have one final opportunity to contact OFCCP no later than March 17, 2023, if they believe their company was improperly listed.

If a contractor wishes to object for the first time to the disclosure on any other grounds aside from claiming they are not a federal contractor and were improperly included on the List, the objection must include an explanation as to why the contractor did not object in response to previous notices that OFCCP has issued, and why there is good cause for OFCCP to accept the objection at this point. If OFCCP determines that there is good cause for why the objection was not filed in response to the previous notices provided by the agency, OFCCP may, at its discretion, consider the substance of the late-filed objection.

All responses must be received no later than March 3, 2023, at 11:59 p.m. EST, via the email address below and must include the organization’s EEO-1 unit number(s). The Federal Register Notice and FAQs provide specific instructions and a list of questions that should be addressed by those contractors who wish to object to the disclosure of their Type 2 Consolidated EEO-1 Report data.

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The information contained in this article is intended for educational purposes and to provide a general understanding of regulatory events, legislative changes and the law – not to provide specific legal advice. Employers are advised to discuss and/or receive counsel from their licensed legal or accounting professional, prior to implementing any new policy or policy change.