On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) notified contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting. Per this request, the OFCCP is required to disclose demographic data from Type 2 Employer Information Reports (EEO-1) filed by contractors between 2016 and 2020. The OFCCP has created a Submitter Notice Response Portal for contractors to submit their objections and extended the deadline from September 19, 2022, to October 19, 2022.
A contractor’s objection should provide as much information as possible, explaining why its Type 2 EEO-1 report data should not be disclosed. Specifically, the objection needs to include whether the Type 2 EEO-1 report data is commercial, financial, and confidential. Contractors should address the following in their objection:
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Whether the contractor considers the EEO-1 data confidential information and why.
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Is the requested information customarily held privately? If the answer is yes, contractors need to provide their process for protecting the data in the reports and list those who have access to the information.
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Whether the government expressed or implied the information would be confidential and explain the details around this promise.
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Whether the contractor believes the disclosure of the information could cause harm to interests related to trade secrets and commercial and financial information.
If you have questions or need assistance writing an objection, please contact the Employers Council Affirmative Action Planning Department at aaps@employerscouncil.org.
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