The U.S. Department of Labor's Office of Federal Contract Compliance Programs is now poised to produce contractors' EEO-1 data following recent losses in litigation.

Starting in 2018, the Center for Investigative Reporting and a CIR reporter have been fighting to force the OFCCP to disclose EEO-1 reports that have been filed by federal contractors. These contractors have operated with the understanding that the government must keep such reports confidential. 

Following years of litigation, in 2025, the 9th Circuit Court of Appeals ruled in favor of CIR and ordered the OFCCP to disclose most of the challenged reports. Pursuant to agreements between the OFCCP and CIR, the OFCCP is now getting ready to produce contractors’ consolidated EEO-1 reports from 2016 through 2020. Absent a further challenge, the disclosures are scheduled to be made public on Feb. 25, 2026. 

Federal contractors are encouraged to read Littler’s detailed analysis and contact counsel immediately if you have questions about the EEO-1 data and public disclosure or wish to challenge disclosure of your data. 

ABC will continue to monitor this issue.