Center for Investigative Reporting v. United States Department of Labor

INTRODUCTION

17 18 In this FOIA action, both sides move for summary judgement. For the reasons stated 19 below, both motions are DENIED IN PART AND GRANTED IN PART. 20

STATEMENT

21 22 Plaintiff Center for Investigative Reporting (“CIR”) is a non-profit, investigative news 23 organization that publishes Reveal, a news website and hosts a weekly public radio show. 24 Plaintiff Will Evans is a staff reporter for Reveal and is an employee of CIR (Dkt. No. 1 ¶ ¶ 18- 25 19). Defendant Department of Labor is a department of the executive branch which oversees 26 the Office of Federal Contract Compliance Programs (“OFCCP”). 27 Employers with 100 or more employees are required to submit annual reports using Standard 1 (“EEOC”). Companies that contract with the federal government and have at least fifty employees 2 are required to submit EEO-1 reports to OFCCP. The EEO-1 reports contain data about the 3 gender, racial or ethnic background, and one of ten job categories of the company’s employees 4 (Dkt. No. 38 at 2). The EEOC and OFCCP collect the EEO-1 data jointly. OFCCP uses the EEO- 5 1 reports to see if the contractors are…