Office overseeing federal contractors offers opportunity to object to release of diversity data

The Office of Federal Contract Compliance Programs, which has enforcement authority over federal contractors, announced that it has received two Freedom of Information Act requests for federal contractors’ 2021 diversity data, known as “EEO-1 reports.” OFCCP is providing contractors with an opportunity to object to the disclosure of the contractor’s EEO-1 data by Dec. 9.

The University of Utah and “As You Sow,” a nonprofit organization engaged in shareholder advocacy, have filed the FOIA requests to obtain federal contractors’ EEO-1 reports for 2021. 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.

Although the FOIA requesters do not appear to be targeting banks specifically, they can be expected to use any data they receive to report on the racial, ethnic and gender composition of contractors’ employees. The American Bankers Association is urging banks that consider themselves to be federal contractors to consider submitting an objection to the disclosure of their EEO-1 Reports by the Dec. 9 deadline. ABA plans to release a staff analysis that provides a template response to OFCCP’s invitation to object.