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The Office of Federal Contract Compliance Programs (OFCCP) has extended the deadline for federal contractors and first-tier subcontractors to submit objections to a broad Freedom of Information Act (FOIA) request filed by an investigative reporter. The new deadline for filing objections is October 19, 2022.

On August 19, 2022, OFCCP published notice of a FOIA request seeking Type 2 Consolidated EEO-1 Report data filed by federal contractors and first-tier subcontractors for reporting years 2016 through 2020. The original deadline for objections was September 19, 2022. Contractors now have until October 19, 2022, to submit written objections through OFCCP’s Submitter Notice Response Portal, or by mail or email. According to OFCCP, it is extending the deadline “to ensure that Covered Contractors have time to ascertain whether they are covered and submit objections.” OFCCP also announced that it will “take the additional step of emailing contractors that OFCCP believes are covered by this FOIA request, using the email address provided by contractors that have registered in OFCCP’s Contractor Portal and the email addresses provided as a contact for the EEO-1 report.” If OFCCP does not receive an objection by October 19, 2022, information for contractors covered by the FOIA request will be released.

For more information on the FOIA request submitted to OFCCP seeking disclosure of Type 2 Consolidated EEO-1 Report data, including considerations for federal contractors deciding whether to submit objections to the FOIA request, please download our recent podcast by Scott Kelly and Lauren Hicks, “OFCCP Facing Request for EEO-1 Reports—What the Disclosure of Type 2 Consolidated Reports Could Mean for Contractors.”

Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group will continue to monitor developments with respect to the FOIA guidance and will post updates on the firm’s Affirmative Action / OFCCP and Government Contractors blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar programs.

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OFCCP Compliance, Government Contracting, and Reporting

The experienced attorneys in our OFCCP Compliance, Government Contracting, and Reporting Practice Group advise and defend federal contractors and subcontractors on jurisdictional, compliance, and enforcement issues relevant to government contracting, including those involving the Office of Federal Contract Compliance Programs (OFCCP).

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