C.F.R. » Title 41 » CHAPTER 60—OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT OPPORTUNITY, DEPARTMENT OF LABOR › PART 60-40—EXAMINATION AND COPYING OF OFCCP DOCUMENTS › Subpart A—General

41 C.F.R. § 60-40.2

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(a) Upon the request of any person for identifiable records obtained or generated pursuant to Executive Order 11246 (as amended) such records shall be made available for inspection and copying, notwithstanding the applicability of the exemption from mandatory disclosure set forth in 5 U.S.C. 552 subsection (b), if it is determined that the requested inspection or copying furthers the public interest and does not impede any of the functions of the OFCCP, except in the case of records disclosure of which is prohibited by law.

(b) Consistent with the above, all contract compliance documents within the custody of the OFCCP shall be disclosed upon request unless specifically prohibited by law or as limited elsewhere herein. The types of documents which if in the custody of the OFCCP must be disclosed include, but are not limited to, the following:

(1) Affirmative action plans, whether or not reviewed and finally accepted by the OFCCP except as limited in 41 CFR 60-40.3(a)(1).

(2) Imposed plans and hometown plans, pending or approved.

(3) Text of final conciliation agreements.

(4) Validation studies of tests or other preemployment selection methods.

(5) Dates and times of scheduled compliance reviews.

Notes of Decisions
Cited in 6 cases, 1977–2001 · leading case: Nat'l Org. for Women v. Soc. Sec. Admin. of the Dep't of Health & Human Servs., 736 F.2d 727 (D.C. Cir. 1984).
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Nat'l Org. for Women v. Soc. Sec. Admin. of the Dep't of Health & Human Servs., 736 F.2d 727 (D.C. Cir. 1984). “41 C.F.R. §§ 60-40.2 to 60-40.4, 60-60.4(d), (e) (1983).”
Chrysler Corp. v. Schlesinger, 565 F.2d 1172 (3rd Cir. 1977). · cites it 2× “” 41 C.F.R. § 60-40.2 (b). This blanket and mandatory disclosure requirement with respect to compliance documents is qualified in 41 C.”
Reid v. Lockheed Martin Aeronautics Co., 199 F.R.D. 379 (N.D. Ga. 2001). “” 41 C.F.R. § 60-40.2 . The regulations specifically require that affirmative action plans be disclosed upon request, id.”
Gen. Dynamics Corp. v. Marshall, 572 F.2d 1211 (8th Cir. 1978). · cites it 2× “See 41 C.F.R. § 60-40.2 . 6 We find disclosure pursuant to the OFCC regulations is “authorized by law” and not within the prohibition of 18 U.”
Copus v. Rougeau, 504 F. Supp. 534 (D.D.C. 1980). · cites it 2× “Those regulations, located at 41 C.F.R. § 60-40.2 (1979), as relevant, are as follows: *537 (a) Upon the request of any person for identifiable records obtained or generated pursuant to E.”
Chrysler Corp. v. Schlesinger, 565 F.2d 1172 (3rd Cir. 1977). “9 41 C.F.R. 60-40.2(a). Thus the regulations contain a blanket waiver of any authority the government might have to resist disclosure of any information which falls into one of the nine categories of information which are exempt from mandatory disclosure under the FOIA.”
— 41 C.F.R. § 60-40.2(a) — 2 cases
Chrysler Corp. v. Schlesinger, 565 F.2d 1172 (3rd Cir. 1977). “” 41 C.F.R. § 60-40.2 (b). This blanket and mandatory disclosure requirement with respect to compliance documents is qualified in 41 C.”
Chrysler Corp. v. Schlesinger, 565 F.2d 1172 (3rd Cir. 1977). “9 41 C.F.R. 60-40.2(a). Thus the regulations contain a blanket waiver of any authority the government might have to resist disclosure of any information which falls into one of the nine categories of information which are exempt from mandatory disclosure under the FOIA.”
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