By: Bill Osterndorf
The Office of Federal Contract Compliance Programs (OFCCP) has extended the deadline for organizations to make objections to the release of their EEO-1 type 2 reports. The agency extended the deadline from September 19, 2022, to October 19, 2022. The deadline extension is noted on OFCCP’s webpage that provides organizations with information on how to make an objection.
OFCCP had issued a notice in the Federal Register on August 19, 2022, informing federal contractors and subcontractors about the option to object to the release of their EEO-1 reports. OFCCP had received a request under the Freedom of Information Act (FOIA) to provide EEO-1 Type 2 reports. Type 2 reports act as a consolidated report for organizations that have multiple establishments.
The information that organizations must provide to make an objection has not changed. The specific questions that must be answered are available on OFCCP’s Submitter Notice Response Portal page. While there is now more time to file objections, employers should remain aware of both the new deadline and the specifics required to make an objection.
Organizations affected by the FOIA request should strongly consider consulting with legal counsel about the pros and cons of filing an objection. It is not clear how difficult it will be to make a successful objection, nor is it clear what the full ramifications of making an objection are.
DCI will continue to follow this situation and provide updates as more information is available.