DOL can't withhold contractor demographic data, court rules
QUICK FIX
FOIA FOIBLES: A federal appellate court last week struck a blow to the Labor Department's attempts to shield from public view workforce demographic data of companies that do business with the federal government, marking the latest chapter in a lengthy saga that now spans three presidential administrations.
A three-judge panel for the 9th Circuit Court of Appeals ruled unanimously that DOL cannot prevent disclosing so-called EEO-1 data under an exemption in the Freedom of Information Act for certain types of trade secrets and commercial information. The ruling upheld a lower judge's decision in 2023, albeit under a slightly different rationale.
DOL had argued that revealing companies' headcount or diversity composition broken down by broad job categories would hurt their businesses, a position the court said was tenuous at best.
'[DOL] fails to explain how this data describes contractors' exchange of goods or services or their making of a profit, so the Department has not shown that it is 'commercial,' the 17-page ruling states.
The standoff stems from a public records request during President Donald Trump's first term submitted by a reporter for Reveal, part of the nonprofit Center for Investigative Reporting, seeking diversity data dating back to 2016 from the Office of Federal Contract Compliance Programs. The organization went to court multiple times as DOL dragged its feet for several years before denying the FOIA request.
'We hope that the government will finally relinquish these records,' Victoria Baranetsky, CIR's general counsel, said in an interview. 'Forcing journalists and the public to bring lawsuits is an extreme impediment to public access to information.'
DOL has taken some steps in the interim toward readying this data for possible release, including by allowing companies to object to their inclusion for varying reasons, such as not being a federal contractor for the relevant period, though employers have been anxiously keeping tabs on the court case.
Lauren Hicks, an attorney at Ogletree Deakins and a former OFCCP district director, said the Trump administration will have to determine whether to continue appealing or hand over the EEO-1 data.
'We don't really know what their posture on this case is going to be because most of these filings came during the Biden administration,' Hicks said.
A DOL spokesperson did not return a request for comment Sunday.
But even if this data ultimately gets released, it's unclear whether it will exist moving forward, given that the Trump administration rescinded the authority OFCCP used to collect it, while the White House seeks to eliminate the office entirely.
Much of this data will still be collected by the Equal Employment Opportunity Commission, but unlike DOL, federal law actually prohibits the EEOC from releasing under FOIA or otherwise.
As part of its assault on all things DEI, the administration has gone to war with universities and the private sector over common diversity policies it views as discriminatory, and barred federal agencies from releasing demographic information about their own workforces.
On Friday, the Justice Department dismissed a consent decree that's stood since the Carter administration put in place after black and Hispanic workers alleged that the tests given to civil service applicants were discriminatory.
'For over four decades, this decree has hampered the federal government from hiring the top talent of our nation,' Harmeet Dhillon, the head of DOJ's civil rights division, said in a statement.
GOOD MORNING. It's Monday, Aug. 4. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. Send feedback, tips and exclusives to nniedzwiadek@politico.com, lukenye@politico.com, rdugyala@politico.com and gmott@politico.com. Follow us on X at @NickNiedz and @Lawrence_Ukenye. And Signal @nickniedz.94.
Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories.
Unions
NO DEAL: Defense workers at Boeing facilities in the St. Louis area went on strike after they overwhelmingly rejected the plane maker's final offer.
'Our union is built on democracy, and our members have every right to demand a contract worthy of their contributions,' said IAM International President Brian Bryant in a statement. 'We will be there on the picket lines, ensuring Boeing hears the collective power of working people.'
Boeing said in a statement that it was 'disappointed' by the vote after its latest offer included a 40 percent average wage increase and resolved scheduling concerns that it claims was the primary sticking point for the union.
The company is in a healthier financial position than it was nearly a year ago when roughly 30,000 machinists went on strike at its West Coast facilities, lawmakers were hoping for a deal that benefits workers.
'I hope that Boeing will do the right thing by their workers,' Sen. Josh Hawley (R-Mo.) said last week. 'I don't want to see workers have to strike but corporations need to do the right thing by their workers.'
More union news: 'Court allows Trump to end union bargaining for federal workers,' from Reuters.
AROUND THE AGENCIES
-1 FOR AUGUST'S NUMBERS: Trump last week fired Bureau of Labor Statistics Commissioner Erika McEntarfer after monthly jobs figures fell short of expectations, your host and Sam Sutton report.
Trump reprised prior accusations that BLS surreptitiously put out overly rosy jobs numbers at the tail end of the Biden administration that were revised in an effort to influence the election. Economists have roundly dismissed those claims as a misunderstanding of the agency's revision processes.
Labor Secretary Lori Chavez-DeRemer announced that William Wiatrowski will reprise the title of acting commissioner in the interim. (DOL hasn't gotten around to scrubbing McEntarfer from its website, as of publication.)
Who are you going to believe: Trump made it clear on social media he believed that BLS figures were being 'RIGGED' intentionally to damage Republicans, though administration officials have attempted to claim that McEntarfer was ousted for a lack of competency under her watch.
Experts in the field, including the BLS commissioner Trump himself appointed in his first term, have rallied to McEntarfer's defense.
Food for thought: Though the jobs report did include surprisingly large downward revisions for May and June, it ultimately continued to show net job growth. So how will Trump react if that dips below zero at any point?
More on BLS: "Can you ever trust a jobs report again?,' from POLITICO's West Wing Playbook. And 'Trump Fired America's Economic Data Collector. History Shows the Perils,' from The New York Times.
On the Hill
SANDS OF TIME: Over the weekend, the Senate confirmed Andrew Puzder to serve as the U.S. ambassador to the European Union.
The 53-44 vote came eight years after Puzder's nomination to serve as Trump's first Labor secretary fell apart amid GOP concerns over domestic violence accusations that resurfaced during the confirmation process in 2017. Puzder steadfastly denied the claims and his former wife withdrew her allegations as part of a child custody agreement.
Puzder had a much breezier go of things this time around, and ultimately received two Democratic votes from Sens. Maggie Hassan (D-N.H.) and Jeanne Shaheen (D-N.H.). Sen. Lisa Murkowski (R-Alaska) was the lone GOP vote against Puzder's confirmation.
In the Workplace
H-2A LATEST: More than 80 GOP lawmakers are urging the Trump administration to keep rolling back Biden-era labor regulations that they argue are adding to farmers' input costs and labor issues, our Grace Yarrow reported.
The lawmakers, led by Sen. Ted Budd (R-N.C.), Sen. Tim Scott (R-S.C.) and Rep. Ralph Norman (R-S.C.), penned a letter to Labor Secretary Lori Chavez-DeRemer calling on her to reverse changes to the adverse effect wage rate, which is aimed at protecting U.S. workers against their pay undercut by migrant workers under the H-2A visa program.
'The Trump Administration has a unique opportunity to bring long-overdue clarity and stability to agricultural labor policy,' the lawmakers write.
Agriculture Secretary Brooke Rollins and Chavez-DeRemer are facing pressure to find solutions to the agriculture industry's labor shortages, and adjusting the adverse effect wage rate rule would allow farmers to hire more cheap labor as Trump carries out aggressive deportation efforts.
Related: 'What It Will Take to Get U.S. Citizens to Work the Farm — According to Dolores Huerta,' from our Samuel Benson.
IMMIGRATION
HOLD YOUR JETS: A federal judge blocked the Trump administration from hastily deporting immigrants in the U.S. who had been granted parole after fleeing violence in their home countries.
'U.S. District Judge Jia Cobb said in a ruling Friday that the Department of Homeland Security's tactics — rapid-fire deportation proceedings with little to no chance to lodge challenges — amounted to changing the rules in the middle of the game for people previously welcomed into the country on a temporary basis,' our Kyle Cheney, Josh Gerstein and Myah Ward write.
The Trump administration deployed the tactic as a way to increase arrests as part of the president's immigration agenda.
FIRST IN SHIFT: Nearly 95 percent of individuals in the Deferred Action for Childhood Arrivals program are currently employed or are enrolled in school, according to a new survey released Monday by the Center for American Progress.
The security provided from the temporary program that allows undocumented immigrants who came to the U.S. as children has also allowed participants to become financially independent and support their own families from their earnings, the report found.
The Trump administration has tried to strip DACA participants, also known as Dreamers, of benefits while encouraging them to self-deport from the U.S.
More immigration news: 'Judge rips Noem's latest termination of immigrant protections: 'Color is neither a poison nor a crime,'' from our Josh Gerstein and Kyle Cheney.
WHAT WE'RE READING
— 'As Dubai cracks down on crowded, illegal apartments, migrant workers have nowhere else to go,' from The Associated Press.
— 'Working While Honeymooning,' from The New York Times.
THAT'S YOUR SHIFT!
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Boston Globe
22 minutes ago
- Boston Globe
Defamation case against Fox News highlights role of its hosts in promoting 2020 election falsehoods
In short: Fox let Trump aides spread conspiracy theories despite knowing they were false because it was what their viewers wanted to hear. Fox was trying to hold on to viewers who were angry at the network for saying Biden had won the election. Fox said it was covering a newsworthy story. It accuses the London-based company, which had only Los Angeles County as a client for the 2020 election, of exaggerating its claims of damages in the hope of receiving a financial windfall. Pirro now working in the second Trump administration The focus on Pirro is noteworthy because the former Fox personality Smartmatic, relying on emails and text messages revealed as part of the case, said Pirro was using her position as a Fox host in 2020 to help Trump and persuade him to pardon her ex-husband, Albert Pirro, who was convicted of conspiracy and tax evasion. Trump pardoned him before leaving office in 2021. Advertisement In a text to then-Republican National Committee chairwoman Ronna McDaniel in September 2020, Pirro said, 'I'm the No. 1 watched show on news cable all weekend. I work so hard for the President and the party,' Smartmatic said in court papers. One of her own producers, Jerry Andrews, called Pirro a 'reckless maniac,' Smartmatic said. He texted after one of her shows in November that it was 'rife (with) conspiracy theories and bs and is yet another example of why this woman should never be on live television.' FOX Business Network anchor Maria Bartiromo, right, arrived at the White House, on March 6. Alex Brandon/Associated Press The court papers said Pirro also suggested 'evidence' of supposed fraud to Trump lawyer Sidney Powell that she could use on a television appearance — material that also was spread by Bartiromo. Bartiromo still works at Fox, and in 2020 had shows on both the news channel and Fox Business Network. The court papers uncovered messages showing her desire to help Trump: 'I am very worried. Please please please overturn this. Bring the evidence, I know you can,' she texted to Powell. Dobbs, whose business show was canceled by Fox in February 2021, texted to Powell four days after the election, saying 'I'm going to do what I can to help stop what is now a coup d'etat in (its) final days — perhaps moments,' a reference to Biden's victory. Dobbs A central figure in Fox's 'pivot' Smartmatic portrayed Pirro as a central figure in Fox's 'pivot' to deemphasize Biden's victory because it angered Trump fans. Instead, the network found that ratings jumped whenever claims of election fraud were discussed, it said. Advertisement As in the Dominion case, the discovery process helped Smartmatic find messages and statements that seem embarrassing in retrospect. For example, in early December, Fox's Jesse Watters texted colleague Greg Gutfeld that 'Think of how incredible our ratings would be if Fox went ALL in on STOP THE STEAL.' Fox, in a response to the newly-revealed court papers, pointed to an ongoing corruption case involving Smartmatic and its executives, including a claim by federal prosecutors that it used money from the sale of voting machines to set up a 'slush fund' for bribing foreign officials. 'The evidence shows that Smartmatic's business and reputation were badly suffering long before any claims by President Trump's lawyers on Fox News and that Smartmatic grossly inflated its damage claims to generate headlines and chill free speech,' Fox said. 'Now, in the aftermath of Smartmatic's executives getting indicted for bribery charges, we are eager and ready to continue defending our press freedoms.' Smartmatic has already settled similar defamation claims
The Hill
22 minutes ago
- The Hill
National Guardsman ticketed for running red light in DC crash
A National Guardsman was ticketed on Wednesday after running a red light and injuring a person in a crash with a civilian vehicle in Washington, D.C. The incident, which occurred at 8th Street SE and North Carolina Ave near Eastern Market early Wednesday morning, involved a D.C. National Guard transport vehicle, according to the Joint Task Force District of Columbia (JTF-DC). 'Our priority is ensuring the well-being of all involved. We are grateful for the response of D.C. police and EMS. Safety is our top priority,' U.S. Army Col. Larry Doane, the JTF-DC commander, said in a Thursday statement about the crash. 'We will take action based on the investigation. This type of vehicle is authorized, and safety protocols are in place.' The civilian driver, per emergency responders, was trapped inside the car, rescued and transported to a local hospital with minor injuries. Earlier this month, President Trump federalized the Metropolitan Police Department and deployed National Guard troops to the nation's capital in an effort to crack down on crime. The District of Columbia and several GOP states, including Louisiana, West Virginia and South Carolina, have sent National Guardsmen to support the administration's move. Since Aug. 7, 630 arrests have been made in the District, according to a White House official. On Thursday, Trump met with federal law enforcement officials at a facility in Anacostia, touting the administration's efforts in the region. 'It's like a different place, different city,' Trump said of D.C. 'Now, I think right now it's better than it has been in years and in a couple of weeks, it's going to be far better,' he said. There are nearly National Guardsmen stationed throughout the District, the JTF-DC said in its Thursday release.
San Francisco Chronicle
22 minutes ago
- San Francisco Chronicle
South Korea's Lee must navigate the ‘Trump risk' at key summits in Japan and US
SEOUL, South Korea (AP) — South Korea's President Lee Jae Myung faces a pivotal foreign policy test barely two months after taking office, with back-to-back summits in Tokyo and Washington that reflect the wider struggle of U.S. allies to navigate Donald Trump's unilateral push to redefine postwar orders on trade, security and alliances. The meetings come after Seoul and Tokyo reached trade deals with Washington that spared them from the Trump administration's highest tariffs, but only after pledging hundreds of billions of dollars in new U.S. investments. Trump's transactional approach with long-standing allies extends beyond trade to security and has fueled fears in South Korea that he will demand higher payments to support the U.S. troop presence in the country, even as he possibly seeks to scale back America's military footprint there to focus on China. The looming concerns about a U.S. retreat in leadership and security commitments come as South Korea and Japan confront growing cooperation between their nuclear-armed adversaries, North Korea and Russia, partners in the war in Ukraine and in efforts to break isolation and evade sanctions. Here is what is at stake for the Asian allies of the U.S. as they deal with an America-first president who's more unyielding than his predecessors: Asian allies pulled closer by Trump A day after confirming his Aug. 25 summit with Trump, Lee's office announced he will visit Japan on Aug. 23-24 to meet Prime Minister Shigeru Ishiba, a rare diplomatic setup that underscores how Trump is drawing closer two often-feuding neighbors with deep-rooted historical grievances. The meeting on Saturday in Tokyo of Lee and Ishiba — who last met on the sidelines of the Group of Seven summit in June — is largely about projecting leverage as the countries seek to coordinate their response to Trump, said Choi Eunmi, an analyst at South Korea's Asan Institute for Policy Studies. 'There is now the Trump risk,' Choi said. 'There's especially a lot of uncertainty in the business sector, so they might discuss ways to ease that uncertainty … not necessarily in joint efforts to confront Trump, but within the framework of trilateral cooperation.' Yukiko Fukagawa, a professor at Japan's Waseda University, said Lee's visit to Tokyo will also be seen positively in Washington, long frustrated by its Asian allies' persistent disputes over Japan's colonial rule of Korea before the end of World War II, and the way these tensions hindered three-way security collaborations. 'Because they have to deal with increasingly challenging mutual counterparts, such as China and America, both Japan and South Korea are under pressure to set aside minor differences to cooperate on larger objectives,' Fukagawa said. Yoshimasa Hayash, Japan's chief cabinet secretary, said Lee's visit will help promote the 'stable development' of bilateral ties as their countries work together on international challenges by utilizing the 'shuttle diplomacy" of regular summits. Lee and Ishiba could discuss restarting long-stalled free trade talks and South Korea's potential entry into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, or CPTPP, a 12-member Asia-Pacific trade pact that Ishiba has pushed to expand amid tensions over U.S. tariffs. Ishiba, who has met Trump twice in person — at the White House in February and at the G7 in Canada — could also offer Lee tips ahead of his summit in Washington. Seoul and Tokyo clearly share many crucial interests in the face of Trump's efforts to reset global trade and U.S. security commitments. They are both under pressure from Washington to pay more for the tens of thousands of American troops stationed in their countries and also to increase their own defense spending. Their vital automobile and technology industries are vulnerable to Trump's tariff hikes. They navigate a tricky balance between the U.S. and its main rival, China, a growing regional threat that is also the largest trade partner for Seoul and Tokyo. They are alarmed by North Korea's accelerating nuclear program and its deepening alignment with Russia, which could complicate future diplomatic efforts after a long stalemate in U.S.-led denuclearization talks. It makes more sense for South Korea and Japan to work with the Trump administration under a trilateral framework rather than engage Washington separately, especially given how Trump mixes security and economic demands, said Ban Kil-joo, a professor at South Korea's National Diplomatic Academy. For example, the countries could propose a trilateral scheme to support Trump's push to expand natural gas and other energy production in Alaska, rather than negotiating potential investments bilaterally, he said. 'Beyond the drilling project itself, they would need to address security, including protecting maritime routes for the LNG shipments, and that responsibility could count toward defense cost-sharing or higher defense spending,' which Trump demands, Ban said. Modernizing the military alliance Lee's meeting with Trump could include talks to flesh out the details of South Korea's $350 million investment fund for U.S. industries, centered on cooperation in shipbuilding, a sector Trump has highlighted in relation to South Korea. A more crucial topic for the leaders could be the future of their decades-long military alliance, a legacy of the brutal 1950-53 Korean War. The U.S., which keeps about 30,000 troops in South Korea to deter North Korea, has long urged Seoul to accept greater flexibility to use them for missions beyond the Korean Peninsula – a demand that has intensified under Trump. Comments by senior U.S. government and military officials suggest that, in addition to pressing South Korea to pay more for hosting American forces, the Trump administration could seek to reshape U.S. Forces Korea as part of a broader military focus on ensuring capability to respond to a conflict with China over Taiwan. That shift would mean conventionally armed South Korea taking on more of the burden against the North, while the U.S. turns its focus to China. This could affect the size and role of U.S. Forces Korea, leaving Seoul with fewer benefits but higher costs and risks at a time when the North Korean nuclear threat is growing, experts say. South Korean lawmakers have also expressed fears that Washington could ask for Seoul's commitment to intervene if a conflict breaks out in the Taiwan Strait, a tricky prospect given South Korea's reliance on China for trade and Beijing's role in dealing with North Korea. South Korea should enter the Trump summit with a clear stance on its role in regional security, Ban said, possibly supporting U.S. efforts to maintain Indo-Pacific stability and opposing changes to the status quo, but without explicitly naming China as an adversary. While potentially accepting a more flexible role for U.S. Forces Korea, South Korea should also seek U.S. commitments to ensure deterrence and readiness against North Korea aren't compromised. American troop deployments off the peninsula could be offset by increased airpower or the arrival of strategic assets like bombers, helping prevent any miscalculation by the North, Ban said. AP writer Mari Yamaguchi in Tokyo contributed.
