The U.S. Court of Appeals for the Ninth Circuit has ordered the Labor Department to release EEO-1 Type 2 consolidated data submitted by objecting contractors for the years 2016 to 2020. The order stems from a 2022 Freedom of Information Act request by the Center for Investigative Reporting. In 2023, DOL disclosed data from contractors that did not object.
The mandate means that the Ninth Circuit’s July 30, 2025, decision will now take effect. The decision was stayed while the Administration weighed whether to request a rehearing before the original panel of judges or a rehearing in front of the full Ninth Circuit. DOL requested a filing extension for its potential motion for rehearing but never filed the motion. Meanwhile, DOL’s time for seeking review by the U.S. Supreme Court has expired. Therefore, DOL likely will prepare to release the requested Type 2 data from contractors that objected to disclosure.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.