OFCCP extends final deadline to object to release of diversity data

The Office of Federal Contract Compliance Programs has extended the deadline for federal contractors to object to release of the contractor’s diversity data found in the company’s EEO-1 Type 2 reports. The new date is March 3.

Will Evans, a reporter with the left-leaning Center for Investigative Reporting’s “Reveal” program, has filed a Freedom of Information Act request to obtain the EEO-1 employee diversity data belonging to federal contractors. Specifically, the FOIA asks OFCCP to disclose data collected in “Type 2 EEO-1 reports” that federal contractors submitted between 2016 and 2020. Last fall, OFCCP asked federal contractors that object to the disclosure of their data to file an objection with the agency.

OFCCP asserts in an FAQ on its website that banks are federal contractors by virtue of their accepting deposit insurance, but that conclusion is disputed by many. ABA has urged banks that consider themselves to be federal contractors to consider submitting an objection to the disclosure of their EEO-1 reports.

In its announcement of this latest extension, OFCCP stated that it will post an updated list of non-objectors no later than Feb. 17. This updated list will remove contractors that OFCCP has identified as incorrectly included on the list that the agency released on Feb. 2. OFCCP will also remove all contractors that submitted objections after the publication of the Feb. 2 list until Feb. 10, while OFCCP evaluates these objections. After the close of the response period on March 3, OFCCP will publish a second updated list by March 10, which will remove contractors that submitted objections after Feb. 10 and by March 3, while OFCCP evaluates these objections. Contractors will then have one final opportunity to contact OFCCP no later than March 17, if they believe their company was improperly listed.

For more information, contact ABA’s Jonathan Thessin.