As employers submit their EEO-1 “Component 2” pay and hours-worked reports to the Equal Employment Opportunity Commission (EEOC), we are hearing concerns about the extent to which the reports – and EEO-1 data in general – could be released to the public in response to requests under the Freedom of Information Act (FOIA). The concern is especially acute for federal contractors, given that the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) may under some circumstances release EEO-1 data in response to a FOIA request.
Two recent legal developments, including a ruling by the U.S. Supreme Court and a position statement filed by DOL in response to a FOIA lawsuit, provide some additional clarity on how FOIA relates to EEO-1 data and what steps employers should take to protect the data from public release.
Given these developments, NT Lakis lawyers have created a guide to protecting EEO-1 data from release under FOIA. Please keep in mind that this guide is designed to provide only general information and is not intended to provide legal advice. Specific issues regarding EEO-1 data and FOIA should be referred to counsel.
Members of the Center for Workplace Compliance (CWC) can read more here.