OFCCP to release EEO-1 reports

On February 11, 2026, the Office of Federal Contract Compliance Programs (OFCCP) issued a notification to federal contractors that as a result of the recent U.S. 9th Circuit Court of Appeals decision, it would release the 2016-2020 EEO-1 reports for certain federal contractors on February 11, 2026, and for the remaining federal contractors on February 25, 2026.

Background

In 2019, the Center for Investigative Reporting (CIR) submitted a Freedom of Information Act (FOIA) request to the OFCCP for the Type 2 Consolidated EEO-1 report of federal contractors, which was amended in 2022 to include all EEO-1 reports from 2016 through 2020. The agency withheld the reports for those contractors that objected to the release under Exemption 4 of FOIA.

On November 15, 2022, CIR and Will Evans filed a lawsuit in the Northern District of California against the Department of Labor (DOL) under FOIA, seeking release of the requested EEO-1 reports. The district court on December 22, 2023, held that the EEO-1 reports were not commercial in nature for purposes of FOIA’s Exemption 4 and therefore must be released to CIR. The DOL appealed the decision to the 9th Circuit. On July 30, 2025, the court affirmed the district court’s determination that the reports were not confidential commercial information under FOIA Exemption 4 and directed the release of the data. The decision became final when the federal government declined to seek a rehearing. The district court on February 9, 2026, lifted its temporary stay on the release of records and approved the schedule for release.