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Showing posts with the label FOIA

FOIA Suit Seeks EEO-1 Data the EEOC Wants to Stop Collecting

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On June 18, 2026, the nonprofit organization As You Sow filed a Freedom of Information Act (FOIA) complaint against the U.S. Department of Labor (DOL) in the U.S. District Court for the District of Columbia, seeking to compel disclosure of Type 2 Consolidated EEO-1 Report data submitted by federal contractors for 2021 and 2022. 0:00 8:57 Quick Hits A nonprofit has sued DOL under FOIA to compel disclosure of federal contractors’ 2021 and 2022 Type 2 EEO-1 data, the most recent reporting years targeted by such a request. The suit mirrors an earlier case in California, C enter for Investigative Reporting v. U.S. Department of Labor , where the same type of FOIA request for contractor EEO-1 data led to disclosure of the 2016 through 2020 reports. The suit was filed as the EEOC moves to rescind the EEO-1 reporting requirement, meaning contractors that f iled Type 2 reports for 2021 and 2022 may face pressure to disclose data even as the report itself heads toward elimination . The suit fol...

When cyber threat sharing laws lapse: Legal risk in a government shutdown

The recent shutdown of the federal government has left many critical services in limbo, including the nation’s primary cybersecurity agency. Amid the ongoing budget standoff in Congress, funding for the Cybersecurity and Infrastructure Security Agency lapsed, coinciding with the expiration of the  Cybersecurity Information Sharing Act of 2015 . The expiration of the Act creates operational and legal uncertainty for organizations at a time when cyberattacks are at an all-time high. The law had long provided liability protection for companies that shared cyber threat information in good faith, establishing a legal framework for public-private defense collaboration. Role of CISA Before the Act took effect in 2015, companies that alerted federal partners or peers about cyber incidents risked violating privacy, contract, and competition laws. The Act was designed to remove those disincentives and encourage information sharing by providing the following: Liability protections:   Shi...

Workplace Law Update: 10 Essential Items on Your September 2025 To-Do List

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Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates: _____ Assess workplace impact of recent SCOTUS rulings.  Take a look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure.  Click here  for a quick guide along with a rating for how impactful each decision will be for employers. _____ Track employment-related AI lawsuits.  In  the latest big lawsuit , filed on August 4, an unsuccessful job applicant sued Sirius XM Radio in federal court claiming the company’s AI-powered hiring tool discriminated against him based on his race. Another  new lawsuit  highlights concerns about AI notetakers. _____ Vet your AI bias auditors.  Speaking of AI developments, as you increasingly use artificial intelligence tools to help shape your decisions, you’ll likely retain vendors to conduct AI bias audits. But ...

Ninth Circuit Orders Disclosure of Federal Contractors’ 2016–2020 Consolidated EEO-1 Data

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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...