<img height="1" width="1" style="display:none;" alt="" src="https://px.ads.linkedin.com/collect/?pid=3500553&amp;fmt=gif">

OFCCP Initiates Appeal Against Adverse EEO-1 Report Disclosure Mandate

By Debra Milstein Gardner - Feb 22, 2024 1:32:56 PM - 3 MINS READ

In a recent development concerning the disclosure of EEO-1 reports, the Office of Federal Contract Compliance Programs (OFCCP) filed a Notice of Appeal following an adverse court ruling. As previously reported, OFCCP was directed to release these reports of federal contractors, which it had previously withheld from production in response to a Freedom of Information Action (FOIA) request from the Center for Investigative Reporting.

The order, issued on December 2023 by the Northern District of California, mandated the disclosure of the EEO-1 reports, setting a deadline of February 20, 2024 for OFCCP to comply. However, on February 15, 2024, the United States Attorney's Office representing OFCCP initiated an appeal seeking judicial review of the order. In addition to the appeal, the government has requested a stay of the disclosure deadline pending the appeal process.





This legal maneuver raises questions about the balance between transparency and confidentiality in government data. EEO-1 reports contain valuable information about the diversity and employment practices of federal contractors, making them of interest to advocacy groups and researchers. However, federal agencies often contend with competing concerns, such as protecting sensitive business information and ensuring compliance with privacy regulations.

The outcome of this appeal will have implications for both federal contractors and advocates for transparency in government operations. If the Ninth Circuit grants the stay, the EEO-1 reports will remain undisclosed until the conclusion of the appeal process. On the other hand, if the court upholds the original order, it could signal a significant shift in the accessibility of these critical employment data.

As this legal battle unfolds, we will closely monitor the proceedings and their potential impact on the disclosure of EEO-1 reports. The resolution of this case will not only shape the future handling of similar FOIA requests but also influence broader discussions surrounding government transparency and accountability.

Debra Milstein Gardner

Debra Milstein Gardner has worked in the Equal Employment Opportunity (EEO) and Affirmative Action (AA) space for the past 43 years while working in the public and private sectors in various human resources compliance roles. She began her career working for the Equal Employment Opportunity Commission and then went to the Marriott Corporation for nine years working in EEO, Affirmative Action and field human resource roles. In 1990, Debra founded Workplace Dynamics LLC providing EEO, AA, and DEI consulting services to government contractors. In 2016, Debra sold the affirmative action portion of Workplace Dynamics to OutSolve LLC and works part-time as a Market Analyst. Debra is a sports fanatic, routing for the Baltimore Ravens and all Virginia Tech Hokie teams. She loves to hike and boat in her mountain and lake community of Lake Lure, NC.

Related Posts:

Leave a Comment

Latest Posts

HR Gumbo: Empowering Organizations of All Sizes
Jul 16, 2024 10:45:00 AM - 2 MINS READ
What is the Pay Equity Journey?
Jul 11, 2024 12:45:25 PM - 18 MINS READ
Learn What's Influencing HR Compliance Change at HR Gumbo
Jul 9, 2024 10:45:00 AM - 2 MINS READ