Ninth Circuit Orders Disclosure of Federal Contractors’ 2016–2020 Consolidated EEO-1 Data
In a ruling significant to federal contractors and government transparency advocates alike, the U.S. Court of Appeals for the Ninth Circuit has affirmed a district court order requiring the U.S. Department of Labor (DOL) to disclose thousands of EEO-1 Type 2 (consolidated) reports submitted by federal contractors, rejecting the agency’s attempt to withhold the reports under the Freedom of Information Act’s (FOIA) Exemption 4. Quick Hits The Ninth Circuit ruled that EEO-1 Type 2 workforce demographic data is not protected “commercial” information under FOIA Exemption 4 and must be disclosed. For contractors that objected, contending the reports contained confidential commercial information, the reports are now likely subject to disclosure; the court did not address other objections based on contractor status or jurisdiction. The decision applies only to historical reports submitted to the DOL from 2016 to 2020 in response to FOIA requests by the Center for Investigative Reporting, but t...