(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.
