Contractors Subject to OFCCP EEO-1 Data Release

The Office of Federal Contract Compliance Programs within the U.S. Department of Labor recently posted a list of federal contractors subject to an ongoing EEO-1 data release and is requesting any contractors to notify the agency of objections to being on the list by March 3.

On February 2, 2023, the Office of Federal Contract Compliance Programs (OFCCP) posted a list of all entities that, according to the agency’s records, were federal contractors that submitted Type 2 EEO-1 data between 2016-2020 and have not submitted objections to the release of this data. Shortly after publishing the initial List, OFCCP learned that it contained errors, including the inclusion of some contractors that had previously submitted objections. OFCCP has now posted an updated List of non-objectors and is providing another opportunity for contractors to review it and notify OFCCP as soon as possible, but no later than March 3, 2023, if they believe their entity has been improperly included on the List.

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 between February 10, 2023, and by March 3, 2023, from the initial disclosure 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 you believe your entity was improperly included on the non-objector List, please send an email to [email protected], including at a minimum the following information: (1) all addresses associated with your entity for the reporting years in which your entity is listed; (2) your entity’s EEO-1 unit number; (3) any other entities associated with your organization (including, e.g., merged companies and subsidiaries) that you intend to cover in your objection, with any additional entity information needed to confirm the objection (including EEO-1 unit number and address, if different from those identified in response to (1) and (2)).

If a contractor wishes to object for the first time to 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.

More info can be found here and here.

For more information, contact Claiborne Guy at [email protected] or 703-837-5382.

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