- What is the FOIA?
- What is the Privacy Act?
- What OFCCP Records Are Publicly Available?
- What Records Are Not Available Under FOIA?
- Where can I find information on requesting EEO-1 data under FOIA?
- What Are FOIA Exemptions?
- Where Should I Send My FOIA Request?
- Is there a cost to make a FOIA request?
- Can FOIA request fees be waived?
- When can I expect a response to my FOIA request?
- I need a response to my FOIA request right away; can I request it to be expedited?
- What if I have a complaint or would like to resolve a dispute?
- How do I file an appeal?
1. What is the FOIA?
The FOIA is a federal law that establishes the public's right to request existing records from Federal government agencies. The FOIA is known by its legal cite as 5 U.S.C. § 552.
The FOIA provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. The FOIA thus established a statutory right of public access to Executive Branch information in the Federal Government.
2. What is the Privacy Act?
The Privacy Act of 1974 protects certain federal government records containing an individual’s personal information. It also gives individuals the right to:
- Review records about themselves.
- Find out if these records have been disclosed.
- Request corrections or amendments of these records.
3. What OFCCP Records Are Publicly Available?
Certain records are publicly available in OFCCP’s FOIA Library. Records such as: (1) Conciliation Agreements; (2) Policy related records; (3) Employment Information Reports also knowns as EEO-1 data; and (4) copies of records that have been the subject of a FOIA request and are of sufficient public interest that the agency believes other persons are likely to request them (commonly referred to as "frequently requested" records). You may also find it helpful to see what the Department of Labor has made available through our Open Government Initiative.
4. What Records Are Not Available Under FOIA?
The FOIA does not apply to the Congress, the courts, or the central offices of the White House, nor does it apply to records in the custody of state or local governments.
The FOIA does not require a state or local government or a private organization or business to release any records directly to the public, whether such records have been submitted to the federal government or not. However, records submitted to the federal government by such organizations or companies may be available through a FOIA request if they are not protected by a FOIA exemption, such as the one covering trade secrets and confidential business information.
5. Where can I find information on requesting EEO-1 data under FOIA?
You can find more information on this topic here: https://www.dol.gov/agencies/ofccp/foia/FOIA-Archive
6. What Are FOIA Exemptions?
The FOIA authorizes agencies to withhold information when they reasonably foresee that disclosure would harm an interest protected by one of these nine exemptions.
The nine exemptions are described below.
- Exemption 1: Information that is classified to protect national security.
- Exemption 2: Information related solely to the internal personnel rules and practices of an agency.
- Exemption 3: Information that is prohibited from disclosure by another federal law.
- Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.
- Exemption 5: Privileged communications within or between agencies, including those protected by the:
- Deliberative Process Privilege (provided the records were created less than 25 years before the date on which they were requested)
- Attorney-Work Product Privilege
- Attorney-Client Privilege
- Exemption 6: Information that, if disclosed, would invade another individual’s personal privacy.
- Exemption 7: Information compiled for law enforcement purposes that:
- 7(A). Could reasonably be expected to interfere with enforcement proceedings.
- 7(B). Would deprive a person of a right to a fair trial or an impartial adjudication.
- 7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy.
- 7(D). Could reasonably be expected to disclose the identity of a confidential source.
- 7(E). Would disclose techniques and procedures for law enforcement investigations, prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.
- 7(F). Could reasonably be expected to endanger the life or physical safety of any individual.
- Exemption 8: Information that concerns the supervision of financial institutions.
- Exemption 9: Geological information on wells.
7. Where Should I Send My FOIA Request?
You may submit a FOIA request by mail, fax, or email. When mailing your FOIA request please send to: OFCCP c/o Office of the Solicitor, Office of Information Services (OIS), Division of Management and Administrative Legal Services, 200 Constitution Ave NW, Room N-2420, Washington, DC 20210, Attention: FOIA Request. Personnel in OIS will forward your request to the appropriate agency component. FOIA requests submitted via email must be emailed to foiarequests@dol.gov. OFCCP will not accept a request submitted to any other email address. Once the FOIA request is received, OFCCP will respond in writing via mail, fax, email, or through the Department’s FOIA Public Access Portal.
8. Is there a cost to make a FOIA request?
A requester may be charged a fee for some or all of OFCCP’s direct costs. Fees are based on the amount of time it takes to process a request, the number of pages provided, and a requester’s fee category (educational, news media, commercial, or other).
- Educational and news media requesters are charged for duplication costs in excess of 100 pages.
- Commercial requesters are charged fees for search time, review time, and duplication costs.
- Other requesters are charged fees for search time in excess of two hours and duplication costs in excess of 100 pages.
Duplication costs are 15 cents per page. Search time: For each quarter hour spent by personnel searching for requested records, including electronic searches that do not require new programming, the fees shall be as follows: professional—$10.00; and clerical/administrative—$4.75. Review time: Review fees shall be charged at the same rates as those charged for a search. If the assessable cost is $25.00 or less, we do not charge a fee. If the fee exceeds $25 and you did not indicate willingness to accept all costs, OFCCP will notify you of the estimated fee and ask for your written agreement to accept liability. If the estimated fee is over $250, our regulations allow us to collect an amount up to the full estimated cost before processing the request.
9. Can FOIA request fees be waived?
Any requester may ask for a fee waiver. The FOIA provides that fees can be waived or reduced “if disclosure of the information is in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the government.” To be eligible for a fee waiver, the requested information cannot be primarily for the commercial interest of the requester. Indigence is not sufficient to qualify for a fee waiver.
10. When can I expect a response to my FOIA request?
The FOIA provides that the OFCCP’s records custodian will respond in writing within 20 working days of receipt of a request. Given the OFCCP’s size and structure, it is important that you send your request to the proper Requester Service Center in order to avoid any delays in response. There are unusual circumstances in which the agency may extend the response period for another 10 working days. These include requests that require a search for records from a facility other than the one processing the request, requests that require the search for and review of a large volume of records, and requests that require consultation with another agency or with other agency components having an interest in disclosure.
11. I need a response to my FOIA request right away; can I request it to be expedited?
Under certain conditions you may be entitled to have your request processed on an expedited basis if you can show a compelling need. There are two categories of circumstances for the justification for expedited processing. Expedited processing can be requested when the failure to obtain the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual. Expedited processing can be granted if the requester is a person primarily engaged in disseminating information to the public and the information is urgently needed to inform the public concerning some actual or alleged government activity. Please note: Requests are not expedited merely because the requester is a representative of the news media.
Your request for expedited processing must be accompanied by an explanation setting forth the reasons why your request should be expedited. You should certify that the reasons you have given are true and correct.
We will notify you of our decision about whether to grant expedited processing within no more than ten days after receiving your request. If we deny your request for expedited processing, you will be advised of your right to submit an administrative appeal.
12. What if I have a complaint or would like to resolve a dispute?
If you need assistance or would like to discuss any aspect of your request, please do not hesitate to contact the FOIA specialist that processed your request. The name of the specialist should be listed in your determination letter. If discussing your request with the FOIA specialist does not suffice, you may reach out to Thomas Hicks the DOL Public Liaison at hicks.thomas@dol.gov for further assistance.
Alternatively, you may contact the Office of Government Information Services National Archives and Records Administration (OGIS) to inquire about the mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. You can also reach that office by e-mail at ogis@nara.gov, by phone at 202-741-5770, by fax at 202-741- 5769, or by calling toll-free at 1-877-684-6448.
13. How do I file an appeal?
An appeal must be filed within 90 days after your final determination letter. This appeal should state in writing the grounds for the appeal and include any supporting documents. The appeal should be addressed as follows: Solicitor of Labor, Division of Management and Administrative Legal Services, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N-2428, Washington, DC 20210. To expedite the processing of the appeal, please indicate “FOIA Appeal” on both the envelope and the appeal letter. Appeals may also be submitted by e-mail to foiaappeal@dol.gov. Appeals submitted to any other e-mail address will not be accepted. Also, please send a copy of the appeal to this office.
Last updated on August 4, 2024