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Politico
04-08-2025
- Business
- Politico
DOL can't withhold contractor demographic data, court rules
With help from Lawrence Ukenye and Joe Gould 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@ lukenye@ rdugyala@ and gmott@ 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!
New York Times
27-06-2025
- Business
- New York Times
How Trump Upended 60 Years of Civil Rights in Two Months
Last year, a little-known office in the U.S. Department of Labor helped Black workers at a Texas medical center recover $900,000 in back wages, and Black workers at a Caterpillar manufacturing plant in Illinois recover $800,000, each time over allegations that those applicants lost out on jobs because of their race. Called the Office of Federal Contract Compliance Programs, this division investigates and fights employment discrimination for one-fifth of the U.S. labor force. It was created in 1965 when President Lyndon B. Johnson signed an executive order strengthening the provision of the Civil Rights Act of 1964 that banned racial discrimination by employers. The O.F.C.C.P. specifically enforced the law among businesses and institutions that contracted with the government or received federal funds. The landmark law also banned segregation and discrimination in all public places, including schools, libraries, restaurants and buses. For more than 60 years, the executive order helped many thousands of workers who had endured discrimination. Yet despite the law, research shows that Black Americans continue to face pervasive employment discrimination at a rate that has not declined since the late 1980s. On his second day in office, President Donald Trump labeled O.F.C.C.P.'s efforts to enforce the 1964 Civil Rights Act illegal and discriminatory — presumably against white people. He signed his own executive order revoking Johnson's on behalf of, as he put it, 'hardworking Americans who deserve a shot at the American dream.' Within the week, Trump's acting secretary of labor ordered the O.F.C.C.P. to 'immediately cease and desist all investigative and enforcement activity' and close all open cases. A few weeks later, O.F.C.C.P.'s acting director proposed slashing its staff by 90 percent. In fewer than two months, six decades of civil rights enforcement was essentially dead. Trump has justified these actions by claiming he is rooting out racial discrimination disguised as 'diversity, equity and inclusion.' Indeed, the other federal agency charged with investigating employment discrimination, the Equal Employment Opportunity Commission, recently created a page on its website dedicated to helping white Americans file complaints based on being victimized by diversity, equity and inclusion programs. Want all of The Times? Subscribe.
Business Wire
14-05-2025
- Business
- Business Wire
DirectEmployers Association Honored with Central Indiana Top Workplaces 2025 Award by The Indianapolis Star
INDIANAPOLIS--(BUSINESS WIRE)-- DirectEmployers Association, a nonprofit leader in talent acquisition and compliance solutions, is proud to announce that it has been named a 2025 Top Workplace by The Indianapolis Star for the fifth consecutive year. This prestigious recognition is based solely on employee feedback, putting DirectEmployers in 21st place out of 111 companies in the 50-149 company size category. Gathered through a confidential survey administered by Energage LLC, the program measures the employee experience and its component themes, including employees' feeling respected and supported, enabled to grow, and empowered to execute–factors critical to an organization's long-term success. Over the past year, DirectEmployers has continued to evolve its workplace experience with flexible work options, employee-led initiatives, and a renewed focus on a people-first workplace. Share 'As we approach our 25 th anniversary, it's incredible to look back at how far we've come as an Association,' commented Tom Eckhart, DirectEmployers' Executive Director. 'Being a part of the staff from the beginning and watching not only the membership and solutions grow, but also to see the culture continue to reshape over time is incredibly humbling. I am proud to lead such an incredible team that's proven time and time again to think quickly on their feet and be proactive at every turn.' Over the past year, DirectEmployers has continued to evolve its workplace experience with flexible work options, employee-led initiatives, and a renewed focus on a people-first workplace. These efforts foster a positive culture and directly support the Association's mission to build stronger, more compliant recruitment solutions for its now 1,100+ global Member companies. As DirectEmployers celebrates this milestone, the organization remains focused on embracing its differences, turning insights into innovation, and promoting connection at work. About DirectEmployers DirectEmployers Association is a nonprofit HR trade organization and a recognized leader in OFCCP compliance solutions and online recruitment. Founded in 2001 and headquartered in Indianapolis, Indiana, the Association serves over 1,100 employer Members from the Fortune 2000. With a focus on helping U.S.-based employers navigate the complexities of federal contractor compliance, DirectEmployers also offers expertise in strategic partnerships and innovative technology, empowering its Members with the tools and support needed to succeed in an ever-evolving talent acquisition landscape. To learn more, visit About Energage Energage is a purpose-driven company that helps organizations turn employee feedback into useful business intelligence and credible employer recognition through Top Workplaces. Built on 18 years of culture research and the results from 27 million employees surveyed across more than 70,000 organizations, Energage delivers the most accurate competitive benchmark available. With access to a unique combination of patented analytic tools and expert guidance, Energage customers lead the competition with an engaged workforce and an opportunity to gain recognition for their people-first approach to culture. For more information or to nominate your organization, visit or
Yahoo
18-04-2025
- Business
- Yahoo
Chicago employees of federal contractor oversight agency put on paid leave: ‘It's open season out there for all these contractors'
The Chicago staffers of the U.S. Department of Labor's federal contractor oversight agency were put on paid administrative leave this week, along with workers in most other regions of the country. The staffers put on paid leave are employees of the agency's Office of Federal Contract Compliance Programs, which investigates federal contractors to ensure they comply with nondiscrimination laws. Employees in the OFCCP's national enforcement branch and staff throughout five of the agency's six regions were notified they were being placed on paid administrative leave, according to a Wednesday email to staff from OFCCP Director Catherine Eschbach, who was appointed to the role at the end of March. Bloomberg Law first reported on the email, which the Tribune reviewed. Brent Barron, president of the American Federation of Government Employees Local 648, which represents OFCCP employees in Illinois, Indiana, Minnesota and Wisconsin, estimated that 20 to 25 Chicago-based employees of the agency are affected, around a dozen of whom are in the union's bargaining unit. Most of those workers had already agreed to take early retirement or deferred resignation offers that would have ended their time on the job Friday, Barron said. Those put on paid leave include investigators, clerical employees and regional office staff, Barron said. 'Their primary function was to go out and investigate the contractors and their hiring practices to make sure that when they hired somebody … they weren't discriminating against anybody,' Barron said. Now, Barron said, there is no one left in the Midwest to perform that work. 'It's open season out there for all these contractors,' he said. The Wednesday email said employees were being placed on leave 'pending further compliance' with an executive order from President Donald Trump that significantly reduced the scope of the agency's work. That executive order, titled 'Ending Illegal Discrimination and Restoring Merit-Based Opportunity,' rescinded the 1965 executive order from former President Lyndon B. Johnson that established much of the agency's authority to oversee federal contractors. 'This agency now has a significantly reduced scope of mission,' Eschbach wrote in the Wednesday email. 'This action is consistent with the iterative process to 'right-size' and optimize the agency, consistent with its current statutory functions.' Staffers in the agency's Southwest and Rocky Mountain region and in certain branches of the Washington, D.C., office were not impacted, according to the email. Neither the Labor Department nor the White House responded to requests for comment. The Chicago staffers worked out of the Kluczynski Federal Building at 230 S. Dearborn St.
Chicago Tribune
18-04-2025
- Business
- Chicago Tribune
Chicago employees of federal contractor oversight agency put on paid leave: ‘It's open season out there for all these contractors'
The Chicago staffers of the U.S. Department of Labor's federal contractor oversight agency were put on paid administrative leave this week, along with workers in most other regions of the country. The staffers put on paid leave are employees of the agency's Office of Federal Contract Compliance Programs, which investigates federal contractors to ensure they comply with nondiscrimination laws. Employees in the OFCCP's national enforcement branch and staff throughout five of the agency's six regions were notified they were being placed on paid administrative leave, according to a Wednesday email to staff from OFCCP director Catherine Eschbach, who was appointed to the role at the end of March. Bloomberg Law first reported on the email, which the Tribune reviewed. Brent Barron, the president of the American Federation of Government Employees Local 648, which represents OFCCP employees in Illinois, Indiana, Minnesota and Wisconsin, estimated that 20 to 25 Chicago-based employees of the agency are affected, around a dozen of whom are in the union's bargaining unit. Most of those workers had already agreed to take early retirement or deferred resignation offers that would have ended their time on the job Friday, Barron said. Those put on paid leave include investigators, clerical employees and regional office staff, Barron said. 'Their primary function was to go out and investigate the contractors and their hiring practices to make sure that when they hired somebody… they weren't discriminating against anybody,' Barron said. Now, Barron said, there is no one left in the Midwest to perform that work. 'It's open season out there for all these contractors,' he said. The Wednesday email said employees were being placed on leave 'pending further compliance' with an executive order from President Donald Trump that significantly reduced the scope of the agency's work. That executive order, titled 'Ending Illegal Discrimination and Restoring Merit-Based Opportunity,' rescinded the 1965 executive order from former President Lyndon B. Johnson that established much of the agency's authority to oversee federal contractors. 'This agency now has a significantly reduced scope of mission,' Eschbach wrote in the Wednesday email. 'This action is consistent with the iterative process to 'right-size' and optimize the agency, consistent with its current statutory functions.' Staffers in the agency's Southwest and Rocky Mountain region and in certain branches of the Washington D.C. office were not impacted, according to the email. Neither the labor department nor the White House responded to requests for comment.
