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National Law Review
National Law Review
6/23/2026
FOIA Suit Seeks EEO-1 Data the EEOC Wants to Stop Collecting

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

Short summary

A nonprofit sued the Department of Labor under FOIA to compel disclosure of federal contractors' 2021-2022 EEO-1 workforce demographic data, citing precedent that such information isn't commercially protected. The lawsuit arrives as the EEOC simultaneously moves to rescind the 60-year EEO-1 reporting requirement, creating uncertainty around data disclosure obligations. Federal contractors should monitor this case and review confidentiality policies around workforce demographic records.

  • FOIA lawsuit seeks release of Type 2 EEO-1 reports from 2021-2022, citing Ninth Circuit precedent that such data isn't commercially protected
  • EEOC simultaneously moving to rescind EEO-1 reporting requirement entirely, creating timing pressure and legal uncertainty
  • Federal contractors should monitor litigation outcomes and review compliance strategies, as precedent affects future disclosure obligations

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