After the resolution of a protracted Freedom of Information Act (FOIA) court case, the OFCCP has declared its intention to release 2016-2020 EEO-1 Type 2 data on Wednesday, February 25, 2026. This compliance alert explains which federal contractors will be impacted.
Summary
In 2019, the Center for Investigative Reporting (CIR) submitted a FOIA request covering 2016 Type 2 Consolidated EEO-1 Report data submitted by federal contractors and first-tier subcontractors. The request was later amended to include Type 2 EEO-1 data from 2016 through 2020.
The Department of Labor has been engaged in litigation since the request, and federal contractors who submitted objections to the FOIA disclosure had been granted a stay on the release of their EEO-1 data. The federal courts have now ruled that the EEO-1 reports are not protected from FOIA disclosure. Consequently, as of February 9, 2026, the stay has been lifted.
Who Is Impacted?
Federal contractors who had objected to the FOIA release will see their 2016-2020 Type 2 EEO-1 reports released on Wednesday, February 25. While EEO-1 reports are submitted for each establishment, only the Type 2—or consolidated—EEO-1-containing company-wide employee totals will be released.
Note that contractors who originally declined to submit an objection to the OFCCP are not affected by the current release, because the OFCCP has already released the Type 2 EEO-1 reports of federal contractors who did not object.
Actions Required
There appears to be no further recourse for contractors who have previously objected to the disclosure of their EEO-1 Type 2 reports. Those contractors should anticipate that CIR will share the EEO-1 reports after their receipt of the data later this month. Contractors should review their 2016-2020 Type 2 EEO-1 data to identify possible trends in preparation for potential questions from employees or external parties.
How Affirmity Can Help
If you have any questions about the upcoming disclosure, please reach out to your Affirmity consultant or account manager. In the meantime, Affirmity will continue to assist clients with the timely preparation of 2026 Section 503 and VEVRAA AAPs, as well as providing workforce insights reports and other essential tools for monitoring organizational compliance with laws such as Title VII of the Civil Rights Act.
Prepare for OFCCP activity in 2026: connect with our team today.
About the Author
Christine Avila, Manager, Consulting Services, has been with Affirmity since 2010. She manages a team of consultants and advises clients in a variety of industries on affirmative action, equal employment opportunity, and diversity issues.
Prior to joining Affirmity, Ms. Avila had seven years of compliance experience as well as four years of recruiting experience for companies in the media and finance industries. Ms. Avila has served on the North Texas Industry Liaison Group (NTILG) Board since 2011.