OFCCP Accepting Objections for Recent FOIA Request

The OFCCP received a FOIA (Freedom of Information Act) request for the disclosure of the Type 2/Cons...



The OFCCP received a FOIA (Freedom of Information Act) request for the disclosure of the Type 2/Consolidated EEO-1 Reports for federal contractors and first tier subcontractors from 2016 – 2020.

This request was originally initiated in January 2019 requesting the reports for the year 2016. This request has been amended several times, most recently in June 2022, to request these reports from 2016 – 2020. The Type 2 Consolidated Report is typically filed by contractors with multiple establishments and would include certain demographic data for the contractor’s employees. This request does not include the EEO-1 Component 2 reports that contain compensation information.

The OFCCP published notice in the Federal Notice Register that they are accepting objections to this request to be considered as an exemption under FOIA related to trade secrets and commercial/financial information. The OFCCP has granted a period of 30 days for contactors to provide a written objection through the newly-created OFCCP Submitter Notice Response Portal. The portal opened on August 19th and closes on September 19, 2022. All objections must be received by the OFCCP via the portal by no later than September 19, 2022.

Should your company choose to submit a written objection or have additional questions about the process or portal, please refer to the Submitter Notice Response Portal FAQs provided by the OFCCP. This includes a list of questions the OFCCP suggests you include along with more information about the FOIA request and process.

Berkshire understands you may have questions regarding if and how you should submit an objection. We recommend that you discuss with legal counsel whether to submit an objection and what the objection will state.

For companies wishing to view their past EEO-1 reports, historical EEO-1 reports may be downloaded by logging into the EEO-1 website at https://eeocdata.org/eeo1.  The site requires the email address of the most recent contact person and the password used to file the 2021 EEO-1 reports.  A password reset may be required, and the filer will be guided through that process. Once logged into the EEO-1 account for your company, follow the links to navigate to the Historical reports and download the Type 2 reports for each year desired. 

Michele Hester, SPHR, SHRM-SCP, Director of Affirmative Action and Training Services
Michele Hester, SPHR, SHRM-SCP, Director of Affirmative Action and Training Services
With over 25 years in the human resource industry, Michele is an expert in HR practices and procedures related to affirmative action and EEO compliance. Michele oversees Berkshire’s Affirmative Action and training programs.

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