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    Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Ninth Circuit decision on EEO-1 reports is in, but the case is not over, (Jan 21, 2026)

    Law Firms Mentioned:Jackson Lewis
    Organizations Mentioned:Jackson Lewis, PC

    By Laura A. Mitchell of Jackson Lewis P.C.

    The U.S. Court of Appeals for the Ninth Circuit case involving EEO-1 reports and the Freedom of Information Act (FOIA) has taken another procedural turn. The court's July 2025 decision in Center for Investigative Reporting v. U.S. Dep't of Labor uphe ...

    By Laura A. Mitchell of Jackson Lewis P.C.

    The U.S. Court of Appeals for the Ninth Circuit case involving EEO-1 reports and the Freedom of Information Act (FOIA) has taken another procedural turn. The court's July 2025 decision in Center for Investigative Reporting v. U.S. Dep't of Labor upheld the U.S. District Court for the Northern District of California's finding that workforce composition data in federal contractors' EEO-1 reports was not protected commercial information under FOIA's Exemption 4 and as a result, OFCCP improperly withheld release of the reports. After a lengthy delay, the federal government declined to file for reconsideration and the Ninth Circuit's decision became final December 29, 2025.

    According to the parties' November 19, 2025, joint status report filed in the U.S. District Court for the Northern District of California, both sides agree there are other unresolved issues still pending before the District Court and litigation is not yet complete. As the previous judge retired at the end of last year, the case was reassigned to a new judge. A status conference is set for February 16, 2026, before the new judge.

    While the Ninth Circuit's decision resolved a significant legal question in the Ninth Circuit about FOIA's Exemption 4, the case itself has not fully concluded and the ultimate impact of the outcome of this matter is yet to be known.

    Jackson Lewis attorneys will continue to monitor the situation for updates. If you have questions about this case or what these developments may mean for your organization, contact a Jackson Lewis attorney to discuss.

    The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

    Laura A. Mitchell

    Jackson Lewis P.C.

    666 3rd Ave 28th Floor

    New York

    NY 10017

    United States

    Tel.: +1 212 545 4000

    E-mail: myupdates@jacksonlewis.com

    URL: www.jacksonlewis.com/

    (c) Mondaq Ltd, 2026 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com

    Attorneys: (Jackson Lewis).

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