[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-40.3]

[Page 166-167]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
   CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL 
                         EMPLOYMENT OPPORTUNITY,
                           DEPARTMENT OF LABOR
 
PART 60-40--EXAMINATION AND COPYING OF OFCCP DOCUMENTS--Table of Contents
 
                           Subpart A--General
 
Sec. 60-40.3  Information exempt from compulsory disclosure and which may be withheld.

    (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

[[Page 167]]

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.