As You Sow Sues U.S. Department of Labor Over Withheld Workforce Diversity Data
FOR IMMEDIATE RELEASE
Organization seeks release of EEO-1 reports after more than two years of delay, to assess financial performance associated with workforce diversity
Contact: Ryon Harms, [email protected], 310-730-9407
EL CERRITO, CALIFORNIA — June 18, 2026 — As You Sow today filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Labor (DOL) seeking the release of EEO-1 workforce composition data for years 2021-2022. This information has been withheld for more than two years despite repeated requests and administrative appeals. The requested EEO-1 reports contain workforce demographic information data that enable analysts to understand the links between workforce composition and financial performance.
As You Sow’s 2023 Capturing the Diversity Benefit report reviewed EEO-1 data from 1,641 companies over five years and found statistically significant correlations between greater workforce diversity and financial outperformance on eight key metrics: enterprise value growth rate, free cash flow per share, income after tax, long-term growth mean, 10-year price change, mean return on equity (ROE), return on invested capital (ROIC), and 10-year total revenue compound annual growth rate (CAGR).
"As You Sow requested these records more than two years ago because investors have a legitimate interest in understanding the linkage between workforce composition and financial performance," said Danielle Fugere, President and Chief Counsel of As You Sow. "EEO-1 workforce data has long served as the bare minimum for evaluating corporate performance in creating equitable and effective workplace hiring programs. We have also represented investors in seeking more detailed hiring, promotion, and retention data to understand if companies are truly optimizing workforce performance. Without access to this information investors are flying blind."
EEO-1 (Equal Employment Opportunity) data is required to be submitted by all companies with more than 100 employees and federal contractors with at least 50 workers. Unlike voluntary corporate disclosures, EEO-1 reports provide standardized workforce demographic data that enable independent analysis by investors, researchers, journalists, policymakers, employees, and advocacy organizations. The resulting research helps identify both leading and lagging companies, informs shareholder engagement efforts, and provides transparency into workforce trends that can affect corporate performance, workforce stability, innovation, and long-term shareholder value.
As You Sow’s research team has used this data to publish reports in 2021 and 2023 that link workforce composition to financial performance, a key material indicator required by all investors to determine portfolio construction and to publish quarterly reports scoring 3,000 companies on Racial Justice.
As You Sow submitted a FOIA request to the DOL on April 16, 2024, seeking consolidated EEO-1 reports for 2021 and 2022. The Department acknowledged receipt of the request but failed to produce any records. After multiple inquiries and administrative appeals, the agency ultimately waived fees associated with the request but still did not provide the requested documents. Despite additional appeals to the agency, it has neither released the records nor indicated when it intends to do so. The lawsuit alleges that the Department of Labor has improperly withheld agency records in violation of the Freedom of Information Act and seeks a court order requiring disclosure of the requested documents.
"As You Sow's research demonstrates that workforce diversity is a material business issue that investors increasingly consider in their decision-making," said Andrew Behar, as You Sow’s CEO. "Transparency is essential for accountability. When the public loses access to objective data, it becomes far more difficult to assess corporate performance and measure progress. Free markets require free flow of information.” The complaint asks the court to declare the Department's withholding unlawful, order the release of the requested records, and award attorneys' fees and litigation costs.
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About As You Sow
As You Sow is the nation’s leading shareholder representative, with a 34-year track record promoting environmental and social corporate responsibility. Its focus areas include climate change, ocean plastics, toxins in the food system, biodiversity, social justice and workplace diversity. Click here to view As You Sow’s shareholder resolution tracker.