The Office of Federal Contract Compliance Programs (OFCCP) is preparing to release consolidated EEO-1 reports for federal contractors from 2016 through 2020, following a series of legal defeats. The Center for Investigative Reporting (CIR) and one of its reporters began efforts in 2018 to obtain these reports under the Freedom of Information Act (FOIA), which federal contractors believed would remain confidential.
CIR’s initial FOIA request targeted a small group of contractors. When OFCCP denied the request, a U.S. magistrate judge in California ruled that EEO-1 reports were not exempt from disclosure under FOIA Exemption 4, which protects trade secrets and confidential commercial or financial information. OFCCP did not appeal this decision, and an employer’s attempt to intervene was rejected by the Ninth Circuit due to procedural issues.
Subsequently, CIR sought all consolidated EEO-1 reports for federal contractors covering 2016 to 2020. OFCCP allowed contractors to object but focused its defense on Exemption 4. According to the Ninth Circuit, this exemption “allows agencies to withhold ‘trade secrets’ and ‘commercial or financial information obtained from a person’ that is ‘privileged or confidential.’ 5 U.S.C. § 552(b)(4). The exemption protects entities that are required to submit information to the federal government against the competitive disadvantages that could result from disclosure of their private business information.”
In July 2025, the Ninth Circuit determined that Exemption 4 did not apply and ordered the data be made public. Despite arguments suggesting this ruling was legally incorrect, OFCCP opted not to pursue further judicial review. After additional proceedings and agreements between OFCCP and CIR, the agency is now set to disclose the requested EEO-1 data on February 25, 2026.
Many contractors raised objections beyond Exemption 4. For smaller employers, there are concerns that releasing EEO-1 data could reveal how individual employees self-identify regarding demographic categories or how employers made such determinations when employees declined to self-identify. This type of disclosure may violate FOIA Exemption 6, which protects against unwarranted invasions of personal privacy.
There are also broader statutory concerns related to FOIA Exemption 3 and Section 709(d) of Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e-8(d)), which restricts public release of EEO-1 data provided by EEOC unless certain legal proceedings have begun. The press release suggests OFCCP may have avoided using this argument because it would imply overstepping its authority in requesting EEO-1 data from EEOC without proper confidentiality agreements.
Contractors who objected based on Exemptions 3 or 6 may still have options but must act quickly to preserve their rights. Employers disputing their status as federal contractors during the relevant period should contact OFCCP immediately to prevent unintended disclosure; these disputes remain unresolved in ongoing litigation between OFCCP and CIR.
Requests for contractor EEO-1 data for later years—specifically for reporting year 2021—are still pending before OFCCP and are not affected by this litigation outcome. Contractors concerned about future disclosures are advised to consult legal counsel promptly.