1. Home
  2. |Insights
  3. |OFCCP Extends the EEO-1 FOIA Objection Deadline to October 19, 2022

OFCCP Extends the EEO-1 FOIA Objection Deadline to October 19, 2022

Client Alert | 1 min read | 09.15.22

As outlined in our prior client alert, the Office of Federal Contract Compliance Programs (the “OFCCP”) published a Notice in the Federal Register to federal contractors of a Freedom of Information Act (“FOIA”) request for disclosure of Type 2 Consolidated EEO-1 Report data submitted by all federal contractors and first-tier subcontractors from 2016 until 2020.  The OFCCP informed covered contractors that these reports would be produced to the FOIA requester unless the contractor submitted an objection to the disclosure by September 19, 2022.  With that deadline fast approaching, many contractors have been rushing to examine their EEO-1 reports to assess whether they should submit an objection, have raised questions with the OFCCP to better understand whether their EEO-1 reports are covered by the FOIA request, and have raised the prospect of an extension of the September 19 deadline.  As a result, OFCCP has just announced that (1) the Agency is extending the deadline for objections to October 19, 2022, and (2) that the Agency will be emailing all 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.”   

This additional time and communication is welcome news for the contracting community.  Crowell & Moring LLP is available to assist federal contractors with questions regarding submission of objections prior to the new October 19, 2022 deadline. 

Contacts

Insights

Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...