41 C.F.R. § 60-40.3

Information exempt from compulsory disclosure and which may be withheld

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(a) The following documents or parts thereof are exempt from mandatory disclosure by the OFCCP, and should be withheld if it is determined that the requested inspection or copying does not further the public interest and might impede the discharge of any of the functions of the OFCCP.

(1) Those portions of affirmative action plans such as goals and timetables which would be confidential commercial or financial information because they indicate, and only to the extent that they indicate, that a contractor plans major shifts or changes in his personnel requirements and he has not made this information available to the public. A determination to withhold this type of information should be made only after receiving verification and a satisfactory explanation from the contractor that the information should be withheld.

(2) Those portions of affirmative action plans which constitute information on staffing patterns and pay scales but only to the extent that their release would injure the business or financial position of the contractor, would constitute a release of confidential financial information of an employee or would constitute an unwarranted invasion of the privacy of an employee.

(3) The names of individual complainants.

(4) The assignments to particular contractors of named compliance officers if such disclosure would subject the named compliance officers to undue harassment or would affect the efficient enforcement of the Executive order.

(5) Compliance investigation files including the standard compliance review report and related documents, during the course of the review to which they pertain or while enforcement action against the contractor is in progress or contemplated within a reasonable time. Therefore, these reports and related files shall not be disclosed only to the extent that information contained therein constitutes trade secrets and confidential commercial or financial information, inter-agency or intra-agency memoranda or letters which would not be available by law to a private party in litigation with the agency, personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, data which would be exempt from mandatory disclosure pursuant to the “informants privilege” or such information the disclosure of which is prohibited by statute.

(6) Copies of preemployment selection tests used by contractors.

(b) Other records may be withheld consistent with the Freedom of Information Act on a case-by-case basis, with the prior approval of the Director, OFCCP.

Notes of Decisions

Cited in 15 cases, 1974–2016 · leading case: Mir v. L-3 Commc'ns Integrated Sys., L.P., 315 F.R.D. 460 (N.D. Tex. 2016).

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Mir v. L-3 Commc'ns Integrated Sys., L.P., 315 F.R.D. 460 (N.D. Tex. 2016). · cites it 3× “41 CFR § 60-40.3 (a)(5). Although there has been no formal decision by the OFCCP to withhold these documents from plaintiff, defendant points out that plaintiff has already made several unsuccessful attempts to gain this information from the OFCCP.”

Sears, Roebuck & Co. v. Gen. Servs. Admin., 384 F. Supp. 996 (D.D.C. 1974). · cites it 4× “Plaintiff was repeatedly offered the opportunity to review the requested materials and justify why any particular portion should be withheld under 41 C. F.R. § 60-40.3. 2 No disclosure was to *1000 be made until December 10, 1973, to allow plaintiff to avail itself of that…”

Hughes Aircraft Co. v. Schlesinger, 384 F. Supp. 292 (C.D. Cal. 1974). · cites it 5× “Under 41 CFR § 60-40.3 (a) affirmative action plans must be released unless all or parts are exempt as follows: ■ “(1) Those portions of affirmative action plans such as goals and timetables which would be confidential commercial or financial information because they indicate,…”

Chrysler Corp. v. Schlesinger, 565 F.2d 1172 (3rd Cir. 1977). · cites it 6× “This blanket and mandatory disclosure requirement with respect to compliance documents is qualified in 41 C.F.R. § 60-40.3 (a), which lists six categories of documents or parts thereof which “are exempt from mandatory disclosure by the OFCC and the compliance agencies, and…”

Gulf Oil Corp. v. William Brock, United States Sec'y of Labor, 778 F.2d 834 (D.C. Cir. 1985). “41 C.F.R. § 60-40.3 (b) (1985). 43 . MCI Cellular Telephone Co.”

Gen. Dynamics Corp. v. Marshall, 572 F.2d 1211 (8th Cir. 1978). · cites it 4× “§ 552 (b)(4), and regulations of the Office of Federal Contract Compliance Programs (OFCC), 41 C.F.R. § 60-40.3 (a)(l) and (2), as confidential commercial and financial information.”

Chrysler Corp. v. Schlesinger, 412 F. Supp. 171 (D. Del. 1976). “S.C. § 2000e-8(e), 44 U.S.C. § 3508 and 18 U.”

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). “See 41 C.F.R. §§ 60-40.3 (a), 60-60.4(d) (1983).”

Sears, Roebuck & Co. v. Gen. Servs. Admin., Council on Econ. Priorities, Intervenor-Plaintiff, 509 F.2d 527 (D.C. Cir. 1974). “” 41 C.F.R. § 60-40.3 (a)(2). 2 . As Judge Bryant noted, AAP’s, which include the information contained in EEO-l’s, are required by the OFCC regulations, 41 C.”

United Tech. Corp. v. Marshall, 464 F. Supp. 845 (D. Conn. 1979). “24 and 41 C.F.R. § 60-40.3 , because those regulations deal only with information which is exempt from mandatory disclosure.”

Reid v. Lockheed Martin Aeronautics Co., 199 F.R.D. 379 (N.D. Ga. 2001). “See 41 C.F.R. § 60-40.3 (a). With the prior approval of the agency’s director, the OFCCP may withhold other records on a case-by-case basis.”

Chamber of Com. of the United States v. Legal Aid Soc'y of Alameda Cnty. Et Al., 423 U.S. 1309 (1975). “Compare 41 CFR § 60-40.3 (a) (5) with H. Kessler & Co.”

Show all 15 citing cases →

— 41 C.F.R. § 60-40.3(a)(1) — 1 case

Gen. Dynamics Corp. v. Ray Marshall, 572 F.2d 1211 (8th Cir. 1978).

— 41 C.F.R. § 60-40.3(a)(l) — 1 case

Gen. Dynamics Corp. v. Marshall, 572 F.2d 1211 (8th Cir. 1978). “§ 552 (b)(4), and regulations of the Office of Federal Contract Compliance Programs (OFCC), 41 C.F.R. § 60-40.3 (a)(l) and (2), as confidential commercial and financial information.”

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