DOL Ordered To Release EEO-1 Type 2 Contractor Data

August 12, 2025

What's New

A panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that the Department of Labor (DOL) must release EEO-1 Type 2 consolidated data for the years from 2016 to 2020 submitted by contractors that objected to a 2022 Freedom of Information Act (FOIA) request filed by the Center for Investigative Reporting. While FOIA allows agencies to withhold commercial information, the appeals court in Center for Investigative Reporting v. U.S. Department of Labor found headcount and organizational structure data do not meet that threshold. It rejected DOL’s argument that such data could indirectly reveal details about services or profits.

What It Means

Absent review by the full Ninth Circuit or the Supreme Court, DOL will now prepare to release the requested Type 2 data from contractors that had objected to disclosure. In 2023, DOL disclosed data submitted by contractors that did not object.

What You Should Do

Review your organization’s FOIA objection status to see if your data is affected. If so, consider proactive internal and external communications to address potential public disclosure.

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DOL Ordered To Release EEO-1 Type 2 Contractor Data

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