To Disclose or Not to Disclose: OFCCP to Appeal Adverse EEO-1 Report Disclosure Order
February 16, 2024
As previously reported, in late December 2023, the Northern District of California ordered OFCCP to release the EEO-1 reports of federal contractors it had previously withheld from production based on various exemptions under FOIA. The court set a February 20, 2024, deadline for OFCCP to do so.
On February 15, 2024, the United States Attorney's Office representing OFCCP filed a Notice of Appeal, seeking judicial review of the Order. In conjunction with the appeal notice, the government is seeking a stay of the February 20, 2024, disclosure deadline pending the appeal. If the Ninth Circuit grants the stay, the EEO-1 reports will remain undisclosed for the time being, at least through the appeal process.
Contact your Polsinelli attorney for further guidance regarding the appeal, any possible disclosure of the reports, and other government contractor matters.
