This week we are pleased to have a guest post by Robinson+Cole Labor and Employment Group lawyer Sapna Jain.

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 Federal Contract Compliance Programs (OFCCP) has provided federal contractors with more information regarding the release of such information.

Specifically, non-objecting contractors began receiving e-mails from the OFCCP as early as November 22, 2022, notifying them of the agency’s intent to release the EEO-1 data beginning on January 2, 2023. The e-mail stated that if the contractors believe the OFCCP sent this message to them in error – for example, if the company filed objections or did not meet the requirements for disclosure during a specific time period – contractors should reach out to the OFCCP as soon as possible, but no later than January 2, 2023.

The OFCCP also appeared to give another opportunity for contractors to object to the release of the EEO-1 data, provided the contractor can explain the delay, even if they did not submit an objection during the designated time period, which ended on October 19, 2022. If the OFCCP finds there was good cause for the lack of an objection filed during the earlier time period, it may consider the substance of the untimely objection. (Notwithstanding, we note that the OFCCP’s rollout timeline does not include any updates after the October 19, 2022 extension.)

In related news, the Center for Investigative Reporting, the group related to the investigative reporter who submitted the Freedom of Information Act (FOIA) request to the OFCCP, filed a lawsuit against the Department of Labor (DOL) in the United States District Court in the Northern District of California. The lawsuit alleges that the DOL violated the FOIA and is seeking an injunction to require the OFCCP to release the EEO-1 data, regardless of whether the contractor filed objections.

For questions regarding objections to the EEO-1 data disclosure or related issues, Robinson+Cole attorneys are able to assist.

Photo of Abby Warren Abby Warren

As an attorney in Robinson+Cole’s Labor, Employment, Benefits + Immigration Group, I represent manufacturers in all areas of labor and employment law.  This includes discharge and discrimination issues, workplace investigations, affirmative action compliance, employee discipline, wage and hour issues, disability and reasonable accommodation…

As an attorney in Robinson+Cole’s Labor, Employment, Benefits + Immigration Group, I represent manufacturers in all areas of labor and employment law.  This includes discharge and discrimination issues, workplace investigations, affirmative action compliance, employee discipline, wage and hour issues, disability and reasonable accommodation, family and medical leave, unemployment, training, and defense in federal and state court and before administrative agencies. My full firm bio can be accessed here.

I represent manufacturers in the aerospace, consumer goods, machinery and other industries, which involves identifying practical, cost-effective and realistic solutions that prioritize and solidly execute the client’s objectives.  Manufacturers face unique challenges stemming from compliance with ever-changing industry regulations, including those impacting federal contractors.  Early in my career, I toured a client’s facility facing union-related struggles and realized that only through observing the workplace on the ground level can an attorney successfully understand and represent businesses.  As an employment attorney, I work alongside clients as a true partner to further their key personnel and human resources goals, including efficient and safe operations, recruitment and retention of talent, diversity and inclusion, among other issues. Whether advising on a leadership transition or on compliance with wage payment laws, the aim is always the same – to solve problems so clients can focus their attention on doing what they do best – manufacturing.

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