Ninth Circuit Issues Mandate To Enforce Its Judgment Ordering Release Of Contractor EEO-1 Reports

January 21, 2026

What's New

The U.S. Court of Appeals for the Ninth Circuit has issued a mandate to enforce its judgment ordering the Department of Labor (DOL) to release EEO-1 Type 2 consolidated data from 2016 to 2020. The order applies to the EEO-1 data for any contractor that objected to a 2022 Freedom of Information Act (FOIA) request filed by the Center for Investigative Reporting. DOL already disclosed data submitted by contractors that did not object in 2023.

What It Means

The mandate means that the Ninth Circuit’s July 30, 2025, decision will now take effect, absent any additional action by the Administration. The prior decision had been stayed while the Administration weighed whether to request either a rehearing before the original panel of judges or an en banc rehearing in front of the full Ninth Circuit. Although DOL requested a filing extension for its potential motion for rehearing, the motion was never filed.

Meanwhile, DOL’s time for seeking review by the U.S. Supreme Court has also expired. Therefore, CWC expects that DOL will prepare to release the requested Type 2 data from contractors that objected to disclosure.

What You Should Do

Contractors should review their organization’s FOIA objection status to see if their data is affected. If so, contractors should consider taking proactive internal and external communications to address potential public disclosure.

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